William C. and Cheryl M. Fowler - Page 15




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          petitioner made notations on his calendars based on his                     
          recollection of the activities occurring in 1994 and 1995.                  
          However, these handwritten notations that were prepared years               
          later are not reliable.  This Court has previously noted that,              
          while the regulations are somewhat ambivalent concerning the                
          records to be maintained by taxpayers, they do not allow a                  
          postevent “ballpark guesstimate”.  Bailey v. Commissioner, T.C.             
          Memo. 2001-296; Carlstedt v. Commissioner, T.C. Memo. 1997-331;             
          Speer v. Commissioner, T.C. Memo. 1996-323; Goshorn v.                      
          Commissioner, T.C. Memo. 1993-578.  Petitioners attempt to                  
          distinguish the facts of this case from those cited by arguing              
          that petitioner’s calendars are reliable because the calendars              
          were prepared in advance of his activities for his work at United           
          Air Temp and his rental properties.  We conclude that this case             
          and the cases cited are not distinguishable.  In any event,                 
          petitioners’ reconstruction and assertions of time spent are not            
          credible in the context of the types of properties, the amount of           
          rent received, and the services allegedly performed.                        
               Because petitioner does not meet the 750-hour requirement of           
          section 469(c)(7)(B)(ii), he is not a real estate professional              
          for purposes of section 469(c)(7).  Therefore, we need not                  
          address whether petitioner spent more than 50 percent of his time           
          in real estate trades or businesses under section                           
          469(c)(7)(B)(i).                                                            






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