Paul M. and Wanda E. Harmon - Page 8

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          any reasonable means.”  Sec. 1.469-5T(f)(4), Temporary Income Tax           
          Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988).6  Although “reasonable            
          means” is interpreted broadly, we have held that the phrase does            
          not include a postevent “ballpark guesstimate”.  See Fowler v.              
          Commissioner, supra; Goshorn v. Commissioner, T.C. Memo. 1993-              
               Despite having made use of a Palm Pilot during 2001–-the               
          pages of which could have been printed out and submitted for                
          review–-petitioners submitted two items to establish the amount             
          of time Mrs. Harmon spent working on the property:  Calendar                
          pages filled out by hand and a purported summary of the                     
          activities shown on the calendar.  Both items were compiled after           
          petitioners had been asked by respondent to produce documentation           
          in anticipation of trial.                                                   
               Petitioner testified that she created the calendar by                  
          referring to entries in her Palm Pilot.  She compiled the summary           
          by estimating how long she had spent on the activity.  For                  
          example, on one day, she had noted in her Palm Pilot that she               
          painted.  This translated into a calendar entry of “painting all            
          day” with a time of 10 hours noted on the summary; petitioner               

               6  Temporary regulations are entitled to the same weight as            
          final regulations.  See Peterson Marital Trust v. Commissioner,             
          102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d Cir. 1996); Truck           
          & Equip. Corp. v. Commissioner, 98 T.C. 141, 149 (1992).                    

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