- 47 - 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...)Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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