Darryl F. Royster - Page 19




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          illustrates that his personal goal was not a realistic one.  We             
          conclude that had he sought out advice on whether he could                  
          realistically start and parlay a profitable youth basketball                
          school in Chicago into a lucrative job offer for himself, he                
          would not have endeavored to make RBS a business.3   In sum, our            
          conclusion with respect to this factor weighs in favor of                   
          respondent.                                                                 
          Time and Effort Petitioner Expended 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 intention             
          to derive a profit, particularly if the activity does not have              
          substantial personal or recreational aspects.  Golanty v.                   
          Commissioner, 72 T.C. at 426; sec. 1.183-2(b)(3), Income Tax                
          Regs.                                                                       
               Petitioner testified that he spent approximately 2 hours               
          conducting weekly practice from May through July of each of the             
          years in issue, and approximately 5 hours each of those weeks on            
          administrative tasks related to RBS.  In addition, petitioner               
          would spend upwards of 12 hours a day on the days that the RBS              
          team would participate in tournaments.                                      
               Petitioner testified that he took pleasure in watching his             
          players and in the reputation he was building as a youth                    

               3 We note that, in 2004, petitioner applied for, and                   
          received, sec. 501(c)(3) status to operate RBS as a charitable              
          entity.                                                                     






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