- 21 - 3. The Time and Effort Expended by the Taxpayer in Carrying On the Activity The fact that the taxpayer devotes much of his personal time and effort to carrying on 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. Petitioners contend that Mr. Abbene devoted a considerable amount of time and effort to the operation of Blue Ribbon which is indicative of a profit motive. Respondent argues that petitioners failed to establish the amount of time that Mr. Abbene devoted to the operation of Blue Ribbon or that he employed competent and qualified persons to oversee the day-to- day operations of Blue Ribbon in his absence. See sec. 1.183- 2(b)(3), Income Tax Regs. Respondent contends that Mr. Abbene's responsibilities to his employer, Pride Chemicals, would necessarily limit the amount of time that he was able to devote to Blue Ribbon's activities. Although the record does not support a finding of the exact amount of time that Mr. Abbene spent working for Blue Ribbon, we are convinced that it was substantial. The record indicates that Mr. Abbene and Elena managed all aspects of Blue Ribbon's operations. Mr. Abbene devoted his evenings, weekends, and muchPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011