Sylvester Monroe, Jr. - Page 7




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          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 the            




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