18 activity only if he or she is regularly, continuously, and substantially involved in its operations. Sec. 469(h)(1). The regulations contain seven safe harbors under which an individual is deemed to materially participate in an activity. Sec. 1.469-5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5725-5726 (Feb. 25, 1988). A taxpayer materially participates in an activity if he or she participates in the activity for more than 500 hours during the year. Sec. 1.469-5T(a)(1), Temporary Income Tax Regs., supra. Petitioners contend that petitioner meets that test.3 Petitioner testified that he spent about 400-500 hours participating in the operations of the corporation. Larry Ragar (Ragar), the used car manager at Bob Wade Ford in 1988 and 1989 and now at South Lake Ford, testified that petitioner worked more than 500 hours at the dealership in each of the years 1988 and 1989. Petitioner’s and Ragar's testimony that petitioner worked as much as 500 hours at the dealership during the years at issue is not credible. Wade, the president of Bob Wade Ford during the years in issue, testified that petitioner had no duties or responsibilities at the dealership. Petitioner has lived in Panama for more than 60 years. Petitioner never managed the dealership or did any selling or buying, bookkeeping, payroll, or 3 Petitioners concede that Mrs. Bohannon did not materially participate in the operations of Bob Wade Ford in 1988 and 1989.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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