- 14 - including those made in the years prior to those at issue, had yielded what he valued as $32,000 worth of gold, all of which was stolen in 1995. Thereafter, he accumulated what he estimated to be $8,400 worth of gold from the time of the theft to the time of trial. Considering the expenses petitioner claimed for the 3 years at issue with the $8,400 he accumulated in gold, the Court is skeptical that petitioner achieved a reasonable return. Petitioner believed that increasing his profitability was simply a matter of having more time to mine. Yet he did not increase his time in mining. This factor favors respondent. The fact that the taxpayer devotes much of his personal time and effort to carrying on an activity, particularly if the activity does not have substantial personal or recreational aspects, may indicate an intention to derive a profit. Daley v. Commissioner, T.C. Memo. 1996-259; sec. 1.183-2(b)(3), Income Tax Regs. 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. Sec. 1.183-2(b)(3), Income Tax Regs. Because petitioner had a full-time job during the years in question, his time spent on the gold mining activity was necessarily limited primarily to weekends and layoff periods. The record reflects that petitioner spent approximately 39 days during 1994 and 37 days during 1995 either working on the goldPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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