Theodore A. Andros and Joan B. Andros - Page 45

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         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 the                 






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