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employee. Putoma Corp. v. Commissioner, 66 T.C. 652, 673 (1976),
affd. 601 F.2d 734 (5th Cir. 1979); Fowler v. Commissioner, T.C.
Memo. 2002-223. In the case of a joint return, the same spouse
must satisfy each requirement. Sec. 469(c)(7)(B).
In the present case, the parties agree that petitioners’
rental activities constituted a real property trade or business
and that Mr. Hanna was not a real estate professional. They
dispute whether Mrs. Hanna qualified as a real estate
professional. Accordingly, we focus on whether Mrs. Hanna’s
participation in the rental activities meets the requirements of
section 469(c)(7)(B).
Section 1.469-5T(f)(4), Temporary Income Tax Regs., 53 Fed.
Reg. 5727 (Feb. 25, 1988), provides:
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.
This Court has acknowledged that these temporary regulations are
somewhat ambiguous concerning the records a taxpayer needs to
maintain, but we have held that they do not allow a post-event
“ballpark guesstimate”. Fowler v. Commissioner, supra; Goshorn
v. Commissioner, T.C. Memo. 1993-578.
Mrs. Hanna did not keep a contemporaneous log of the time
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