Linda M. Myers - Page 13




                                        -12-                                          
          Time and Effort Expended by the Taxpayer in Carrying On the                 
          Activity                                                                    
               We next consider the time and effort petitioner expended in            
          carrying on the gambling activity.  A taxpayer’s devotion of much           
          time and effort to conducting an activity, particularly if the              
          activity does not have substantial personal or recreational                 
          aspects, may indicate an intention to derive a profit.  Sec.                
          1.183-2(b)(3), Income Tax Regs.                                             
               Petitioner spent at least 40 hours per week gambling at the            
          casinos.  Petitioner would often gamble for 12 to 15 hours at a             
          time, often as late as 2 a.m. to 6 a.m.  We acknowledge that                
          gambling activities are often viewed as recreational, enjoyable             
          pursuits upon which many people enjoy spending significant time.            
          See, e.g., Calvao v. Commissioner, T.C. Memo. 2007-57.                      
          Petitioner testified credibly, however, that she did not view               
          gambling as a mere recreational pursuit.  She credibly testified            
          that she found no pleasure in gambling.  Moreover, petitioner did           
          not go to the casino with others and while there, was focused on            
          winning as much money as possible.  We find that this factor                
          favors petitioner.                                                          
          Expectation That the Assets Used in the Activity May Appreciate             
          in Value                                                                    
               Another factor to be considered is the expectation that the            
          assets used in the activity may appreciate in value.  Sec. 1.183-           
          2(b)(4), Income Tax Regs.  The parties agree that this factor               
          does not apply.                                                             







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