- 15 - 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).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011