-45- partnership level. Rosenfeld v. Commissioner, 82 T.C. 105, 112 (1984); Brannen v. Commissioner, 78 T.C. 471, 505 (1982), affd. 722 F.2d 695 (11th Cir. 1984); Hager v. Commissioner, 76 T.C. 759, 784 (1981). A partnership’s profit motivation is determined by reference to the actions of the general partners who manage the affairs of the partnership. See Resnik v. Commissioner, 66 T.C. 74 (1976), affd. per curiam 555 F.2d 634 (7th Cir. 1977). In Ewing v. Commissioner, supra at 417-418, it was established that profit must be the taxpayer’s primary motive in order for a loss from a particular straddle transaction to be deductible. In Ewing we also set forth the following additional guidelines, taken from Fox v. Commissioner, 82 T.C. 1001 (1984): (1) The ultimate issue is profit motive and not profit potential. However, profit potential is a relevant factor to be considered in determining profit motive. 82 T.C. at 1021. (2) Profit motive refers to economic profit independent of tax savings. 82 T.C. at 1022. (3) The determination of profit motive must be made with reference to the spread positions of the straddle and not merely to the losing legs, since it is the overall scheme which determines the deductibility or nondeductibility of the loss. 82 T.C. at 1018, citing Smith v. Commissioner, 78 T.C. at 390-391. (4) If there are two or more motives, it must be determined which is primary, or of first importance. The determination is essentially factual, and greater weight is to be given to objective facts than to self-serving statements characterizing intent. 82 T.C. at 1022. (5) Because the statute speaks of motive in “entering” a transaction, the main focus must be at thePage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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