John E. and Vicki D. Morrissey - Page 14

                                        -13-                                          
               3.   The Time and Effort Expended by the Taxpayer in                   
                    Carrying On the Activity                                          
               We next consider the time and effort petitioner expended in            
          carrying on the drag racing activity.  A taxpayer’s devotion of             
          much time and effort to conducting an activity, particularly if             
          the activity does not have substantial personal or recreational             
          aspects, may indicate an intention to derive a profit.  Sec.                
          1.183-2(b)(3), Income Tax Regs.  The fact that a taxpayer devotes           
          a limited amount of time to an activity does not necessarily                
          indicate a lack of profit motive where the taxpayer employs                 
          competent and qualified persons to carry on the activity.  Id.              
               Petitioner expended an adequate amount of time on the drag             
          racing activity during the years at issue.  Petitioner competed             
          in eight races in 1999 and 2000 and six races in 2001.  When                
          petitioner was unable to race, petitioner’s son raced                       
          petitioner’s car.  Petitioner testified that he limited the                 
          number of races in which he competed because he did not have                
          sponsorship and was trying to minimize costs.  Petitioner’s                 
          report to Sac and Fox for 1998, however, indicates he undertook             
          some activity on behalf of Sac and Fox on 31 days during that               
          year.  See Canale v. Commissioner, supra (taxpayer decreased the            
          number of races entered after the taxpayer decided to leave                 
          racing but had devoted substantial time to racing in previous               
          years).  Petitioner introduced no evidence regarding the number             
          of hours per week he spent on drag racing but indicated it                  
          varied, depending on, for example, the level of repairs needed              
          after a race.  Petitioner’s schedule, although full-time, was               




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