Anthony J. McCarthy - Page 6




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            old son allegedly entered into an oral agreement as to Benjamin's                          
            racing future.  Petitioner did maintain receipts for the expenses                          
            he paid during 1993 in support of Benjamin's motocross racing                              
            activity.  Petitioner also kept records showing that Benjamin,                             
            who was not eligible to win cash prizes, won $2,525 in                                     
            contingency certificates in 1993, redeemable in racing equipment                           
            and other merchandise.  Petitioner also reported on his 1993                               
            Federal income tax return $2,250 worth of the above-mentioned                              
            certificates as a "management fee" from Benjamin.                                          
                  Petitioner had no written plan or any financial analysis of                          
            the profit potential of his activity.  His skeletal records serve                          
            only to substantiate the expenses claimed by him on his 1993                               
            return.  Otherwise, his records do not serve to establish a                                
            business activity with a potential for profit.                                             
                  This factor favors respondent.                                                       
                  2.  The Expertise of the Taxpayer or His Advisers.                                   
                  Petitioner performed repairs and maintenance on the                                  
            motorcycles used by his son, helped train his son, and decided                             
            which races his son would enter and what size motorcycle his son                           
            would ride.  Although these facts may seem to favor finding that                           
            petitioner had expertise in racing (or managing a racer), a                                
            distinction must be drawn between expertise in conducting an                               
            activity and expertise in the economic and business aspects of an                          
            activity:  the former is consistent with a hobby interest, while                           






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