Karl and Birgit Jahina - Page 11




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                    (ii) such taxpayer performs more than 750 hours of                
               services during the taxable year in real property trades or            
               businesses in which the taxpayer materially participates.              

          Sec. 469(c)(7)(B).  In the case of a joint return, the above                
          requirements for qualification as a real estate professional are            
          satisfied if and only if either spouse separately satisfies these           
          requirements.  Sec. 469(c)(7)(B).  Thus, if either spouse                   
          qualifies as a real estate professional, the rental activities of           
          the real estate professional are not a per se passive activity              
          under section 469(c)(2).                                                    
               The applicable temporary regulation addresses how a taxpayer           
          may establish the amount of time spent on rental property                   
          activities.  To wit, that regulation 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.                                                             

          Sec. 1.469-5T(f)(4), Temporary Income Tax Regs., 53 Fed. Reg.               
          5727 (Feb. 25, 1988).  This Court has acknowledged that the                 
          passive loss regulations are somewhat ambivalent as to the                  
          records to be maintained by taxpayers.  Goshorn v. Commissioner,            






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