- 11 - Mrs. Hanna 4 hours to construct and additional time each month to maintain. During their visits to Florida in 2000, petitioners contend Mrs. Hanna spent 60 percent of her waking hours on rental activities. Mrs. Hanna admitted this last figure was the result of “guesstimating”, but she maintained that the 89-page narrative summary provided a more accurate estimate of the time she spent on the rental activities in 2000. Applying the test of section 469(c)(7)(B) to the facts of this case, petitioners first must prove that more than one-half of Mrs. Hanna’s personal services performed in trades or businesses were performed in real property trades or businesses. See sec. 469(c)(7)(B)(i). Because Mrs. Hanna was paid for 2,119 hours of work as a computer consultant, she must have spent more than that amount of time performing services for the rental activities. Petitioners argue that Mrs. Hanna satisfied this requirement because she performed 2,610 hours of services in the rental activities. As described above, however, petitioners did not calculate this figure by reference to appointment books or calendars. In fact, Mrs. Hanna admitted that she was not good at recording the time she spent on the rental activities. Furthermore, although petitioners produced a narrative summary, the accuracy of this document is suspect. Petitioners prepared the narrative summary shortly before trial, approximately 5 years after the events in question occurred. More importantly,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011