- 26 - that, with respect to taxable year 1982 as well, ERL’s royalty obligations are not deductible as advance royalties paid or accrued “as a result of a minimum royalty provision” under section 1.612-3(b), Income Tax Regs. Accordingly, we decline petitioners’ invitation to reverse our earlier decision and sustain respondent’s determination as to this issue. Issues 4 & 5. Profit Motive & Substantiation In the notice of deficiency, respondent also determined that ERL’s activities were not engaged in for profit. We sustain that determination, primarily for the reasons stated in Coggin v. Commissioner, T.C. Memo. 1993-209. Petitioners have adduced no persuasive evidence or argument to distinguish their case from Coggin in this respect. The objective facts presented in this case fail to establish that ERL entered into the lease with an actual and honest objective of making an economic profit, independent of tax savings. See generally Drobny v. Commissioner, 86 T.C. 1326 (1986); Dreicer v. Commissioner, 78 T.C. 642 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983). Consequently, we resolve this issue in favor of respondent. Petitioners argue in the alternative that, if ERL was not engaged in an activity for profit, they are entitled to deduct their allocable share of ERL’s expenses, excluding the royalty obligations, in accordance with section 183(b) for each year at issue. Respondent contends that petitioners are in any eventPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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