Frederick G. Harrison, Sr. and Estate of Catherine Harrison, Deceased - Page 21

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          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-event                    






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