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personal services provided by the taxpayer in that real property
trade or business to count. See sec. 469(c)(7)(B); sec. 1.469-
9(c)(3), Income Tax Regs. A taxpayer is treated as materially
participating in an activity only if the taxpayer is involved in
the operations of the activity on a basis which is regular,
continuous, and substantial. Sec. 469(h)(1). In determining
whether a taxpayer materially participates, the participation of
the taxpayer’s spouse is taken into account. Sec. 469(h)(5).
The temporary Treasury regulations promulgated under section 469
provide:
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); see also sec. 1.469-9(b)(5), Income Tax
Regs. This Court has acknowledged that these temporary
regulations are somewhat ambivalent concerning the records to be
maintained by taxpayers, but we have held that the regulations do
not allow a post-event “ballpark guesstimate”. Fowler v.
Commissioner, T.C. Memo. 2002-223; Goshorn v. Commissioner, T.C.
Memo. 1993-578.
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