Ronald L. Heidrick - Page 15




                                       - 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 gold              





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011