- 8 - 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 timePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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