Clinton N. and Naomi K. Bohannon - Page 18

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            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.                            




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