Ralph E. Wesinger, Jr. and Catherine R. Wesinger - Page 21




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          soil on his property or its suitability for ranching until                  
          November of 1995.  He also did not receive any estimate of the              
          number of cattle his ranch could support (which turned out to be            
          only 17) until 1997.  This scenario of holding ranch land for               
          years without even determining whether it could economically or             
          physically support a profitable operation is hardly consistent              
          with a profit objective.                                                    
          3. The time and effort expended by the taxpayer in carrying on              
          the activity.                                                               
               Section 1.183-2(b)(3), Income Tax Regs., specifies that                
          devoting much personal time to an activity, as well as withdrawal           
          from another occupation in order to devote such time, may be                
          evidence of a profit objective.  Although the regulations do not            
          define the term “much”, cases offer some guidance as to                     
          qualifying quantities.  In a large percentage of decisions where            
          time spent was found to be probative of intent to profit, the               
          taxpayers were devoting more than 30 hours to the enterprise on a           
          weekly basis.  See, e.g., Engdahl v. Commissioner, supra at 670             
          (taxpayers spending an average of 35 to 55 hours per week on                
          horse-breeding venture); Dodge v. Commissioner, supra (husband              
          and wife combining for approximately 35 hours per week spent                
          working on horse farm); McGuire v. Commissioner, T.C. Memo. 1992-           
          542 (taxpayer spending more than 40 hours per week on cattle                
          business); Haladay v. Commissioner, T.C. Memo. 1990-45 (husband             
          and wife combining for more than 80 hours per week spent working            





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