Arnold P. Mordkin and Cindy Mordkin - Page 47

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          tion with the operations of Crestwood Association.  Since Mr.               
          Dempsey, Ms. Gahm, and others were compensated during each of the           
          years at issue for the performance of management services in                
          connection with petitioner's rental activity at Crestwood, pur-             
          suant to section 1.469-5T(b)(2)(ii)(A), Temporary Income Tax                
          Regs., supra, the performance of management services by petition-           
          er cannot be taken into account for the purpose of determining              
          whether petitioner is to be treated under the facts and circum-             
          stances test as having materially participated in that activity             
          for each of those years.                                                    
               In addition, the performance of management services during             
          each of the years at issue in connection with petitioner's rental           
          activity at Crestwood by individuals other than petitioner                  
          exceeded, by hours, the performance of management services by               
          petitioner in connection with that activity.25  Consequently,               

          25  During each of the years at issue, petitioner spent a total             
          of at least 75, but no more than 135, hours in performing manage-           
          ment services in connection with the operations of Crestwood                
          Association and in attending to matters relating exclusively to             
          his two Crestwood condominium units.  Mr. Dempsey and Ms. Gahm              
          each spent at least 40 hours a week in order to carry out their             
          management responsibilities in those operations.  Moreover, there           
          were at least four to six other management employees who spent an           
          undisclosed amount of time in performing management services in             
          the operations of Crestwood Association.  In comparing the time             
          spent by petitioner and by Mr. Dempsey, Ms. Gahm, and other                 
          Crestwood management staff in providing management services in              
          connection with the operations of Crestwood Association, we have            
          assumed arguendo that all the work done by petitioner in his                
          capacity as a board member and an officer of Crestwood Associa-             
          tion was work done by him in connection with the rental of his              
                                                             (continued...)           





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