- 41 - 5T(a)(1), Temporary Income Tax Regs., supra, because he was involved in that activity for more than 500 hours during each of those years. Respondent disagrees with petitioners' contention. Based on our examination of the entire record before us, we find that petitioners have failed to establish through any rea- sonable means as required by section 1.469-5T(f)(4), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988),23 that, during each of the years at issue, petitioner's participation in his rental activity at Crestwood exceeded 500 hours. On that record, we have found as a fact that, during each of those years, petitioner spent a total of at least 75, but no more than 135, hours in attending to matters relating to the operations of Crestwood Association and in attending to matters relating exclu- 23 Sec. 1.469-5T(f)(4), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988), sets forth the manner in which an individu- al may prove the degree of his or her participation in an activ- ity. It provides that although a taxpayer is not required to maintain contemporaneous daily time reports, logs, or similar documents, the taxpayer must substantiate the level of his or her participation through reasonable means. Reasonable means in- clude, but are not limited to, "the identification of services performed over a period of time and the approximate number of hours spent performing such services during such period, based on appointment books, calendars, or narrative summaries." Sec. 1.469-5T(f)(4), Temporary Income Tax Regs., supra. Our finding that petitioner spent during each year at issue a total of at least 75, but no more than 135, hours on matters relating to the operations of Crestwood Association and on matters relating exclusively to his two Crestwood condominium units is based on the actual amount of time spent by him on such matters as established by the record and our estimate of the time spent by him on such matters where the record does not establish the actual amount of time spent, but contains sufficient evidence from which we were able to estimate the amount of such time.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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