- 15 -
did for them. Indeed, Ms. Kahn could not recall how much peti-
tioner charged her for automobile repairs. Consequently, we
shall not rely on Mr. Goldberg's or Ms. Kahn's testimony to
establish that petitioner engaged in his automobile repair
activity for profit within the meaning of section 183.
With respect to the 1993 receipt book, the 1992 and 1993
computer lists, and the automobile log, petitioner failed to
testify about those documents, and there is no other evidence in
the record to show when those documents were prepared and whether
those documents are complete and accurate. Accordingly, on the
instant record, we shall not rely on any of those documents in
determining whether petitioner was engaged in his automobile
repair activity for profit within the meaning of section 183.
Nor is there any evidence in the record with respect to how
many hours petitioner devoted to his automobile repair activity.
Based on the salary of $55,464 that petitioner earned during 1993
from American Airlines, it appears that he worked full time for
that company. It seems to us that petitioner could not have
spent a significant amount of time on his automobile repair
activity during 1993 if he was employed full time by American
Airlines during that year.
In further support of petitioners' argument that petitioner
had the requisite profit objective under section 183 with respect
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: May 25, 2011