- 15 - in the activity) for such year. Mr. Deitch testified that he participated in petitioners' cattle activity, on average, about 1-1/2 hours day. When his daily participation is multiplied by 365, it is well over 500 hours a year, more than that of petitioners. At trial there was some testimony and cross-examination suggesting that Mr. Deitch did not contribute as many hours to the activity as that to which he testified. On the other side of the scale, there was testimony and evidence suggesting that petitioners' logs exaggerate the number of hours they contributed to the activity. The result is that the Court finds from a preponderance of the evidence that petitioners' level of participation in their cattle activity did not exceed Mr. Deitch's day-to-day participation in the activity in either year. Petitioners do not meet the requirements of Test 3. Test 7 Although petitioners have not met the requirements of either of the tests on which they relied in their trial memorandum and at trial, there is an additional test under which they might yet qualify. Based on all the facts and circumstances, if petitioners nevertheless participated in the Limousin cattle activity on a "regular, continuous, and substantial" basis during such year, they have materially participated even if they do notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011