Dean

MEMORANDUM **

Loren Dean appeals the district court’s grant of summary judgment in favor of the IRS. Dean sued to recover on his claim for a refund for 1996 based on the carryback of his partnership share of Dean Securities’ loss for 1998. Dean alleges that summary judgment was improper because he raised a triable issue of fact as to whether he worked for Dean Securities for at least 500 hours during the 1998 tax year. Had Dean worked at least 500 hours, he would be deemed to have “materially participated” in Dean Securities activities, and the passive loss limitations in 26 U.S.C. § 469 would not apply. See 26 U.S.C. § 469 ; 26 C.F.R. § 1.469 -5T(f)(4).

While Dean correctly asserts that § 1.469-5T(a)(l) allows him to establish “by any reasonable means” that he worked at least 500 hours, Dean’s evidence does not amount to such reasonable means, and no reasonable factfinder could find that he met his burden of proof. See F.T.C. v. Cyberspace.Com LLC, 453 F.3d 1196 , 1201 (9th Cir.2001). While “this temporary regulation is somewhat vague regarding the records that a taxpayer must maintain to prove hours of participation, [the tax court] uniformly has held that the regulations do…