Sidney C. Shaw - Page 29




                                       - 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 not             








Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011