- 9 - The existence of the required profit objective is determined by the objective of the entity which has control over the activity under scrutiny. Drobny v. Commissioner, supra at 1341. Thus, the existence of a profit objective of a partnership is determined at the partnership level, Agro Science Co. v. Commissioner, supra at 576; the existence of a profit objective of a joint venture is determined at the joint venture level, Brannen v. Commissioner, 78 T.C. 471, 501-505 (1982), affd. 722 F.2d 695 (11th Cir. 1984). Resolution of whether a taxpayer engages in an activity with the requisite intention of making a profit is one of fact to be resolved on the basis of all the facts and circumstances. Agro Science Co. v. Commissioner, supra at 576; Hulter v. Commissioner, 91 T.C. 371, 393-394 (1988); Drobny v. Commissioner, supra at 1341. In making this determination, more weight must be given to the objective facts than to the taxpayer's mere after-the-fact statements of intent. Agro Science Co. v. Commissioner, supra at 576; Beck v. Commissioner, 85 T.C. 557, 570 (1985); sec. 1.183-2(a), Income Tax Regs. Petitioner made no independent investigation of Century Concepts prior to his participation. He did not obtain the services of any professional to review the leasing documents before signing. Petitioner failed to obtain any independent appraisals of the masters and, in fact, never received a copy of one master and never opened the copy he did have of the other.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011