- 21 - section 1.469-5T(a)(1), (7), Temporary Income Tax Regs., supra, which provide that a taxpayer shall be treated as materially participating in an activity if he participates in the activity for more than 500 hours during such year, or if, based on all the facts and circumstances, the taxpayer participates in the activity on a regular, continuous, and substantial basis during the taxable year. A taxpayer may establish the extent of his or her participation in a particular activity by any reasonable means. Sec. 1.469-5T(f)(4), Temporary Income Tax Regs., 53 Fed. Reg. 5727 (Feb. 25, 1988). The taxpayer has the burden of proving material participation in the activity. Rule 142(a). Petitioner and Mr. Saldivar credibly testified to petitioner's significant level of participation in the treasure hunting and gold mining activity. Petitioner transported heavy equipment twice from Tucson, Arizona, to Goliad, Texas, round trip, which accounts for almost 100 hours. He also operated the tractor and manned the pumps during the night shift throughout the Goliad operation which accounts for approximately 200 hours of participation. Additionally, petitioner negotiated contracts for the venture and purchased equipment to be used in the various operations conducted by the venture. These miscellaneous activities when combined account for, at a minimum, the remaining 200 hours. Although this Court has not always accepted a post-eventPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011