Michael Paul Remler and Pauline M. Velez - Page 14

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          years in issue.  This fact weighs in favor of respondent.                   
          However, because petitioners’ special education activity was in             
          the startup stage, we do not give this factor much weight.  See             
          Vitale v. Commissioner, T.C. Memo. 1999-131, affd. 217 F.3d 843             
          (4th Cir. 2000).                                                            
               8.   The Financial Status of Petitioners                               
               Substantial income from sources other than the activity may            
          indicate that the taxpayer is not engaged in the activity for               
          profit, particularly if the losses generate substantial tax                 
          benefits.  Sec. 1.183-2(b)(8), Income Tax Regs.; Hastings v.                
          Commissioner, supra; Lundquist v. Commissioner, supra.                      
          Petitioners reported adjusted gross income of $229,665 and                  
          $229,219 in 1999 and 2000, respectively.  Petitioners deducted              
          the losses at issue from their taxable income, thus generating              
          substantial tax benefits.  These facts weigh in favor of                    
          respondent.                                                                 
               9.   Elements of Personal Pleasure or Recreation                       
               The presence of personal or recreational motives in                    
          conducting an activity may indicate that the taxpayer is not                
          conducting the activity for profit.  Sec. 1.183-2(b)(9), Income             
          Tax Regs.; Hastings v. Commissioner, supra; Lundquist v.                    
          Commissioner, supra.  However, the fact that the taxpayer derives           
          personal pleasure from engaging in the activity does not show               
          that the taxpayer lacks a profit objective if the activity is, in           






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