- 23 - iii. Time and Effort Spent Conducting the Activity The fact that a taxpayer devotes much of his or her personal time to an activity may indicate a profit intent, especially where the activity does not involve substantial personal or recreational aspects. Also, a taxpayer’s withdrawal from another occupation to devote his or her time and effort to an activity may indicate a profit motive. Burleson v. Commissioner, T.C. Memo. 1983-570; sec. 1.183-2(b)(3), Income Tax Regs. Petitioners argue that this factor weighs in their favor. We disagree. Although petitioners devoted their time to the activity during the tournaments, they spent only approximately 3 months of the year on that activity. Moreover, not all of that time was devoted to the fishing activity. The record reveals that contestants at the tournaments spent much of their time frolicking and reveling with family and friends, and we are unable to find in the record credible evidence that would indicate that such was not the case with petitioners. We also note that Mr. Peacock’s stated reason for leaving the automobile industry in 1993 was to spend more time with his wife rather than to devote his time to another business. This factor is neutral. iv. Expectation That Assets Will Appreciate in Value “Profit” encompasses appreciation in the value of assets. Sec. 1.183-2(b)(4), Income Tax Regs. Therefore, in evaluating a taxpayer’s intent, we also look to the taxpayer’s expectationPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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