Lynnda Speer, Donor, et al. - Page 32

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               Mr. Speer did not keep a diary of the amount of time he                
          devoted to Gateway, Maximo, and Scheer during 1988, 1989, and               
          1990, nor did petitioners offer any records similar to those                
          described in the above regulation.  Petitioners claim, however,             
          that Mr. Speer’s testimony about the various types of activities            
          he engaged in with respect to Gateway and Maximo and the                    
          approximate number of hours he spent on these activities                    
          constitutes a “narrative summary” sufficient to establish                   
          material participation.  Although the regulations are somewhat              
          inconclusive concerning the records needed to substantiate                  
          material participation, we do not think that they contemplate               
          this type of postevent “ballpark guesstimate” that petitioners              
          used.  Goshorn v. Commissioner, T.C. Memo. 1993-578.  We,                   
          therefore, find that petitioners have not met their burden of               
          proving that Mr. Speer materially participated in the activities            
          in question.  Rule 142(a).                                                  

          Additions to Tax                                                            

               Respondent determined that petitioners were liable for an              
          addition to tax for negligence or intentional disregard of rules            
          or regulations pursuant to section 6653(a)(1) for 1988 and a                
          penalty for negligence pursuant to section 6662(a) for 1989 and             
          1990 with respect to petitioners’ failure to report constructive            
          dividend income during those taxable years.  Respondent also                
          determined that petitioners were liable for the addition to tax             




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