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half of his personal services during the year in real property
trades or businesses in which he materially participated and (2)
he worked more than 750 hours a year in those real estate
activities. See sec. 469(c)(7)(B); see also Rule 142(a)
(petitioner bears the burden of proof); Welch v. Helvering, 290
U.S. 111, 115 (1933) (same). Petitioner’s burden requires, in
part, that he maintain sufficient documentation to substantiate
the time that he devoted to his rental properties. See sec.
6001; Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per
curiam 540 F.2d 821 (5th Cir. 1976). As to the evidence that he
may introduce to prove the amount of his personal time that he
devoted to the rental properties, section 1.469-5T(f)(4),
Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988),
provides:
(4) Methods of proof. The extent of an
individual's participation in an activity may be
established by any reasonable means. Contemporaneous
daily time reports, logs, or similar documents are not
required if the extent of such participation may be
established by other reasonable means. Reasonable
means for purposes of this paragraph 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.
Petitioner has failed to carry his burden; i.e., we are not
persuaded by the record that he was a real estate professional in
either year. Petitioner strives to meet his burden by relying
primarily on his testimony at trial and noncontemporaneous logs
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