- 6 - actually involved in telephone conversations. According to respondent, the time that petitioner was merely available for telephone calls should not count as time actually spent providing personal services in connection with petitioner’s rental real estate activity. The disputed hours total 1,440, well over one-half of the 2,440 hours listed on the log. At trial, petitioner explained that generally he could be reached by telephone 24 hours a day by tenants or others, but he only counted 4 hours a day, from 6 p.m. to 10 p.m., as time that he spent in his rental real estate activity. The disputed hours were not computed with reference to the amount of time he actually spent on the telephone with tenants or others. Petitioner recorded some, but not all, of his actual telephone calls in the log. At trial, petitioner was unable to approximate the number of hours that he actually spent on the telephone in connection with his rental real estate activity. As we view the matter, allocating 4 hours a day for 360 days of the year is not a reasonable means of establishing the time that petitioner actually spent on the phone speaking with tenants and/or others in connection with his rental real estate activity. Sec. 1.469-5T(f)(4), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988). We find it highly unlikely that petitioner actually spent that much time speaking on the phone on matters concerning his rental properties. Furthermore, according to thePage: Previous 1 2 3 4 5 6 7 8 9 Next
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