Assaf F. Al Assaf and Rehab Assaf - Page 14

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          respondent contends that petitioner wife’s estimate was neither             
          reasonable nor reliable.  Petitioner wife counters that she still           
          performs the same activities, which are at issue in this case, so           
          the computations of time were not based on distant memories.                
          Based on testimony regarding petitioner wife’s onsite management            
          of AGI’s employees, petitioner wife contends she has adequately             
          satisfied the requirement that she materially participated in the           
          nonrental activity.                                                         
               We have no doubt that petitioner wife spent substantial time           
          on the leasing activities and legal support services.  Although             
          this Court has not always accepted a post-event narrative of                
          participation, we find petitioner wife’s description of her                 
          participation, when combined with witness testimony and the                 
          objective evidence in the record, to be credible, and we                    
          therefore conclude that petitioner wife materially participated             
          in the activity by participating for more than 500 hours during             
          the year.  See Harrison v. Commissioner, T.C. Memo. 1996-509.               
          Accordingly, petitioners have satisfied their burden of showing             




               10(...continued)                                                       
          not require an analysis under the real estate professional                  
          exception, we apply respondent’s argument to whether petitioner             
          wife materially participated in the nonrental activity.                     
          Moreover, Shaw is distinguishable from the present case because             
          many of the hours the taxpayer alleged to have spent materially             
          participating in the passive activity in Shaw were in fact                  
          “investor type activities”, which are not includable unless the             
          individual is directly involved in the day-to-day management or             
          operations of the activity.  Sec. 1.469-5T(f)(2)(ii)(A),                    
          Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988).              
          As we have shown, petitioner wife daily participated in the                 
          management and operations of the activity.                                  




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