- 10 - did indeed spend a lot of time tracking her properties. Regardless of whether we believe Mrs. Lapid’s testimony (or think it “vague, uncorroborated, and self-serving”), we cannot consider the vast majority of the hours she spent monitoring her investments in deciding whether she was a material participant. Unable to count the hours that Mrs. Lapid spent on investment activity,3 the petitioners’ claim to the loss on their hotel condos quickly collapses. Though we believe that the Lapids did at least occasionally visit the condos, the record is devoid of any evidence that they spent anywhere near 500 hours doing so. That the hotels did the routine onsite work of property management undermines the Lapids’ ability to show any significant amount of time that would count as “participation” in the activity. And they completely failed to compare the time they spent with the time spent by individuals actually onsite. Petitioners do claim, based on all the facts and circumstances, that Mrs. Lapid participated in the activity on a regular, continuous, and substantial basis during the year. See sec. 1.469-5T(a)(7), Temporary Income Tax Regs., supra at 5726. The regulations state that the taxpayer’s hours spent on management can count under this test only if no other person is 3 While the regulations permit us to include Mr. Lapid’s time on these activities, sec. 1.469-5T(f)(3), Temporary Income Tax Regs., supra at 5727, petitioners presented no evidence that he spent any time on them beyond performing minor repairs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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