- 7 - With respect to the evidence that may be used to establish material participation, 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. In support of their argument that petitioner was a qualifying taxpayer under section 469(c)(7)(B) for 2001, petitioners failed to substantiate the amount of time petitioner spent on his rental real estate activities relative to his full- time job at the Dial Corporation. Deductions are a matter of legislative grace, and petitioners bear the burden of proving that they are entitled to any of the deductions claimed. RulePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011