- 131 - Commissioner, 734 F.2d 7 (3d Cir. 1984), Kratsa v. Commissioner, 734 F.2d 6 (3d Cir. 1984), Leffel v. Commissioner, 734 F.2d 6 (3d Cir. 1984), Hook v. Commissioner, 734 F.2d 5 (3d Cir. 1984)). A determination of profit objective is to be made with reference to the actions and expectations of those individuals who manage the affairs of the partnership. Id. (citing Fox v. Commissioner, supra at 1007-1008). This Court has recently discussed the nature of this for- profit test. See Peat Oil & Gas Associates v. Commissioner, 100 T.C. 271 (1993), affd. sub nom. Ferguson v. Commissioner, 29 F.3d 98 (2d Cir. 1994). In the cases at hand, whether the participants must have profit as their "primary purpose", or whether it suffices that they have an "actual and honest" profit objective, does not matter. They have shown neither. The "subjective" test for business purpose--or profit objective--shares many characteristics with the "objective" economic substance test. McCrary v. Commissioner, 92 T.C. 827, 844 (1989). We have already discussed many of these characteristics in our consideration of economic substance; those considerations apply with equal force to our conclusion that the transactions at issue lacked business purpose and a profit objective. The Court of Appeals for the Third Circuit has also explained: Whether the partnership has the requisite profitPage: Previous 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Next
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