- 17 - Despite our concluding, supra, that petitioners satisfied their intitial burden of proof, we find several problems with petitioners' claim of time spent participating in the rental of their Hawaiian condominiums. Cf. Harrison v. Commissioner, supra. First, petitioners' claim of 150 hours of work during their Hawaiian "working vacation" is implausible. Assuming petitioners actually stayed for 14 days, their claim would amount to an average of 10.7 hours of work per day, which was apparently performed only by Mr. Pohoski because no testimony presented ever referred to work performed by Mrs. Pohoski while in Hawaii. Yet there was never any discussion of breaks for meals, travel, or leisure time with the family--all of which certainly occurred. Second, the breakdown of time spent on telephone calls from prospective tenants, travel agent contacts, and e-mail responses to prospective tenants is suspicious. Petitioners allocate the total time evenly between the Maui and Molokai condos, yet they clearly had much more success in renting the Maui condo than the Molokai condo. We find it unlikely that an equal amount of time was spent with regard to each condominium, and we find that less time was spent with respect to the Molokai condo. Third, we find the time spent with respect to checking and responding to e-mail excessive. Mr. Pohoski's testimony suggested many more telephone calls than e-mail responses, yet much more time was allocated to checking and responding to his e-mail than callingPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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