Arnold P. Mordkin and Cindy Mordkin - Page 41

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          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.                




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