- 14 - in the individual’s capacity as an investor in an activity is not generally treated as participation in the activity. Sec. 1.469- 5T(f)(2)(ii)(A), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988). With respect to the evidence that may be used to establish hours of participation, section 1.469-5T(f)(4), Temporary Income Tax Regs., supra, provides: 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. We believe that the methods that petitioner used to approximate the time that he spent performing services in real property trades or businesses are not reasonable within the meaning of section 1.469-5T(f)(4), Temporary Income Tax Regs., supra. Petitioners’ estimates are based on petitioner’s calendar entries and do not reliably or reasonably reflect the hours that petitioner actually devoted to United Air Temp or to his rental real estate activities. Petitioner assigned hours to the activities in his calendar before the activities occurred, and his estimates were not later adjusted to reflect the actual duration of the activities. In preparation for trial in 2001,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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