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v. Commissioner, T.C. Memo. 1997-331; Speer v. Commissioner, T.C.
Memo. 1996-323; Goshorn v. Commissioner, T.C. Memo. 1993-578.
Petitioner has not distinguished the facts of this case from
those cited, and we conclude that they are not distinguishable.
The following factors further diminish the credibility and
accuracy of the summary report prepared by petitioner: (1) The
number of hours claimed appears excessive in relation to the
tasks described; (2) petitioner testified that she usually
combined a trip to the rental properties with a trip related to
her law practice; (3) the Elderwood properties were vacant during
1997; (4) the Elderwood properties and Indian Wells properties
were for sale during 1997; and (5) petitioner had a commission
agreement with Shirley Baughan and Associates to manage the
rental of the Indian Wells condominium during 1997.
Additionally, petitioner’s personal services performed in
her rental activities of 827 hours do not exceed the 876 hours
that she spent in 1997 in her practice of law. Petitioner
therefore does not qualify as a real estate professional under
section 469(c)(7), and the rental activities of the Indian Wells
properties and Elderwood properties are passive activities under
section 469(c)(2) during 1997 regardless of material
participation by petitioner in these activities. See sec.
469(c)(4).
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