- 32 - 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 taxPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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