- 8 -8 3. Taxpayer's Time and Effort. The fact that a taxpayer spends much time and effort in conducting an activity may indicate that he or she has a profit objective, particularly if the activity does not have substantial personal or recreational aspects. See sec. 1.183-2(b)(3), Income Tax Regs. In McCarthy I, T.C. Memo. 1997-436, we found that petitioner “devoted most of his spare time” to Benjamin's racing and that he “has extended his time and effort well beyond the degree that parents ordinarily devote to their children's ‘extracurricular’ interests.” In this case, however, there can be no doubt that petitioner, who himself was an amateur motocross racer for 2 years, experienced personal joy in observing his son participate in motocross racing and in helping his son pursue the activity. Although elements of personal satisfaction do not necessarily negate a profit motive, see, e.g., Ranciato v. Commissioner, 52 F.3d 23, 26 n.4 (2d Cir. 1995), vacating T.C. Memo. 1993-536, we find in this case that the father-son relationship involved and the considerable amount of personal satisfaction and recreation derived by both taxpayer and his son outweigh the significant time and effort invested. A taxpayer’s withdrawal from another occupation to devote most of his energies to the activity may also be evidence that the activity is engaged in for profit. See sec. 1.183-2(b)(3), Income Tax Regs. The record shows that, at all pertinent times,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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