Paul M. and Wanda E. Harmon - Page 9




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          decided on the 10-hour figure because “she knew she had all day             
          to do it” and because Home Depot opened at 7 o’clock.                       
               We do not find petitioners’ calendar or summary to be                  
          persuasive.  See Wichita Terminal Elevator Co. v. Commissioner, 6           
          T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947).  The           
          summarization in particular appears to be more akin to the                  
          unacceptable ballpark guesstimates we have rejected in the past             
          than it is to “reasonable means” that would establish that Mrs.             
          Harmon actually spent 774.5 hours on real estate activities in              
          2001.                                                                       
               2.  More than one-half of the personal services performed in           
          trades or businesses by the taxpayer                                        
               Assuming, arguendo, that we were persuaded by petitioners’             
          claim that Mrs. Harmon spent 774.5 hours on real estate                     
          activities in 2001, petitioners are still unable to satisfy the             
          other portion of the test outlined in section 469(c)(7)(B) for              
          treatment as a real estate professional.  According to section              
          469(c)(7)(B)(i), petitioners have to prove that more than                   
          one-half of Mrs. Harmon’s personal services performed in trades             
          or businesses in 2001 were performed in real property trades or             
          businesses.  Petitioners are unable to do so.                               
               Petitioners argue that Mrs. Harmon’s other personal service            
          commitments were sufficiently minimal so as to permit the 774.5             
          hours she claims to have spent on rental activities to constitute           
          more than one-half of the personal services she performed in                






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