Gilbert J. Arevalo - Page 2




                                        - 2 -                                         
               After concessions made by respondent, the remaining issues             
          for decision are:  (1) Whether petitioner's consulting activity             
          was an activity engaged in for profit within the meaning of                 
          section 183, and (2) whether petitioner has substantiated the               
          nature and amount of various deductions he claimed on the                   
          Schedules C attached to his 1996 Federal income tax return.1                
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner resided in San           
          Jose, California, when the petition in this case was filed.                 
               During 1996, petitioner was employed full time as an                   
          engineer for Ultratech Stepper, Inc. (Ultratech).  In 1996,                 
          petitioner received wages from his employment with Ultratech in             
          the amount of $41,537.  Petitioner contends that he worked for              
          Ultratech, 40 hours per week and that he spent all of his spare             
          time conducting a consulting business.  Petitioner asserts that             
          his consulting activity involved instructing clients in personal            
          investment strategies, including a covered option trading                   
          technique.  Petitioner contends that he spent 30 to 40 hours each           
          week engaged in the consulting activity.                                    


          1    In his trial memorandum, respondent concedes that petitioner           
          is liable for self-employment tax only in the amount of $221 and            
          that petitioner is entitled to a self-employment tax deduction in           
          the amount of $110.  Petitioner's liability for self-employment             
          tax and an adjustment to his corresponding deduction are                    
          computational adjustments that depend on the resolution of the              
          issues in dispute in this case.                                             




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