- 20 - respondent also raised the issue of whether petitioner materially participated in the activity of CDI for 1990 and 1991 under the "facts and circumstances" test of section 1.469-5T(a)(7), Temporary Income Tax Regs., 53 Fed. Reg. 5726 (Feb. 25, 1988). On brief, however, respondent did not address this argument and is taken to have abandoned this position. See Rybak v. Commissioner, 91 T.C. 524, 566 n.19 (1988).) Section 1.469-5T(f)(4), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988), provides that taxpayers can establish the extent of their participation in an activity "by any reasonable means." Reasonable means "may include, 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. In that respect, "Contemporaneous daily time reports, logs, or similar documents are not required if the extent of * * * participation may be established by other reasonable means." Sec. 1.469-5T(f)(4), Temporary Income Tax Regs., supra (emphasis added).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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