Robert and Karen O'Connor - Page 11




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          a profit or was instead merely attempting to create and use                 
          losses to offset his income.  See Jasionowski v. Commissioner, 66           
          T.C. 312, 321 (1976); S. Rept. 91-552 (1969), 1969-3 C.B. 423.              
               To establish that an activity is one engaged in for profit,            
          a taxpayer must show that the activity was entered into with the            
          dominant hope and intent of realizing a profit.  See Wolf v.                
          Commissioner, 4 F.3d 709, 713 (9th Cir. 1993) (profit must be the           
          predominant, primary or principal objective), affg. T.C. Memo.              
          1991-212; Vorsheck v. Commissioner, 933 F.2d 757, 758 (9th Cir.             
          1991); Machado v. Commissioner, T.C. Memo. 1995-526, affd.                  
          without published opinion 119 F.3d 6 (9th Cir. 1997); Warden v.             
          Commissioner, T.C. Memo. 1995-176, affd. without published                  
          opinion 111 F.3d 139 (9th Cir. 1997).  We consider whether an               
          activity is engaged in for profit on a case-by-case basis, taking           
          into account the facts and circumstances involved.  See Golanty             
          v. Commissioner, 72 T.C. 411, 426 (1979), affd. without published           
          opinion 647 F.2d 170 (9th Cir. 1981).                                       
               Petitioners’ expectation of profit need not be reasonable,             
          but petitioners must establish that they conducted their                    
          activities with a good-faith expectation of making a profit.  See           
          Engdahl v. Commissioner, 72 T.C. 659, 666, (1979); Golanty v.               
          Commissioner, supra at 425-426; sec. 1.183-2(a), Income Tax Regs.           
          In assessing a profit motive, greater weight is to be given to              
          objective facts than the taxpayer’s mere statement of intent.               






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