Herbert J. Meeks and Paula J. Meeks - Page 14

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            Although they attempted to obtain insurance for commercial use of                           
            their boat, they never did.  Herbert did not check with local                               
            authorities regarding the requirements for operating a passenger-                           
            carrying vessel on a public river.  In addition, he did not                                 
            investigate whether a business license was required for the                                 
            chartering activity. We are not convinced that petitioners                                  
            operated their chartering service in a businesslike manner.                                 
                  Careful investigation of a potential business to ensure the                           
            chance for profitability strongly indicates an objective to                                 
            engage in the activity for profit.  Sec. 1.183-2(b)(2), Income                              
            Tax Regs.  While a formal market study is not required, a basic                             
            investigation of the factors that would affect profit generally                             
            is necessary.  Harrison v. Commissioner, T.C. Memo. 1996-509.                               
            Herbert testified that he did not consult with any professionals                            
            about the profitability of the chartering activity.  Before                                 
            entering into the activity, he did not analyze operating costs to                           
            determine whether the chartering business would be profitable.                              
            This indicates that the chartering service was not engaged in for                           
            profit.                                                                                     
                  A record of substantial losses over several years may be                              
            indicative of the absence of a profit motive.  Golanty v.                                   
            Commissioner, 72 T.C. 411, 426 (1979), affd. without published                              
            opinion 647 F.2d 170 (9th Cir. 1981).  Petitioners never                                    
            generated a profit for the chartering activity during the years                             





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