- 13 - claim that petitioners entered into the activity with a profit objective. See sec. 1.183-2(b)(2), Income Tax Regs. 3. The Time and Effort Expended by the Taxpayer in Carrying On the Activity The fact that the taxpayer devotes much of his personal time and effort to carrying on an activity may indicate an objective to derive a profit, particularly if the activity does not have substantial personal or recreational aspects. The 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. Mr. Sears maintained a separate full-time job in 2000 but “set up a pretty regular schedule” for his recruiting efforts, often meeting with potential recruits before he went to work. We have found that maintaining a full-time job in addition to conducting a purported business activity can be “a positive factor reflecting * * * [the taxpayer’s] motivation.” Dickson v. Commissioner, T.C. Memo. 1986-182. Mr. Sears’s recruiting efforts, however, often involved dining out or meeting “an old family friend” to discuss RTP. Because of the substantial recreational aspects of the activity, this factor is neutral. See sec. 1.183-2(b)(3), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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