- 29 - spent on construction costs does not quantify the number of hours that petitioner spent on real estate activities. Petitioner attempted to recollect his participation in his real estate activities at trial and attempted to summarize his estimates from trial in his brief. Petitioner asserts that his hours of participation in his real estate activities were 1,425.5 and 1,494.4 in 1995 and 1996, respectively. Respondent argues that petitioner has not established by reasonable means that he spent more than 750 hours in real property trades or businesses. We agree. Petitioner has not recorded the number of hours spent in any activity and has discarded his calendars. His attempt to reconstruct or estimate his hours through testimony such as that described above produces a generalized description of his activities and a vague approximation--or “ballpark guesstimate”--of his hours. His testimony regarding his real estate activities is inadequate and unpersuasive under the circumstances. His estimated hours of participation in real estate activities are unreasonable. The airplane flight logs that document petitioner’s flight time would be a credible source and reasonable means to demonstrate petitioner’s activities and hours spent in real estate activities; however, petitioner’s flight time that was related to his real estate activities in 1995 and 1996 does notPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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