Ruth N. Nelson - Page 24




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          stated that a taxpayer's engaging in full-time employment in                
          addition to conducting a profit-seeking activity can be a                   
          positive factor illustrating the taxpayer's motivation, rather              
          than a negative element as often argued by respondent when a                
          taxpayer devotes time to other activities.  See Dickson v.                  
          Commissioner, T.C. Memo. 1986-182.  In the instant case, the                
          Court views petitioner's full-time employment history as a                  
          complement to the activities of BRVC rather than a negative                 
          factor.  The Court is satisfied that petitioner expended                    
          sufficient time and efforts on BRVC during the years at issue and           
          prior and subsequent thereto to favor a profit motive in                    
          connection therewith.                                                       
               Respondent contends that the fourth factor, i.e., the                  
          expectation that the assets used in the activity may appreciate             
          in value, weighs against petitioner.  Respondent argues that BRVC           
          owned no assets other than a computer, fax machine, two VCR's,              
          and some sporting equipment, all of which were depreciating                 
          assets.  Thus, respondent argues, since petitioner had no                   
          prospect of realizing any appreciation of BRVC assets, this is an           
          indication that petitioner lacked a profit objective.  The Court            
          finds this argument to be unpersuasive.  There exist many                   
          business activities the nature of which do not require and are              
          not conducive to the ownership of property that may appreciate in           
          value, and BRVC was one such activity.  The Court finds that the            






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