- 8 - Petitioners argue that Robert's activities during 1989 resulted in a net loss of $94,000, which, they say, is not an indication of participating in a "gainful activity". But we have held in another context, which by analogy is relevant here, that a taxpayer may be engaged in a profit-making activity, even without actually making a profit in a given year, if the individual has an actual and honest profit-making objective. See Dreicer v. Commissioner, 78 T.C. 642, 646 (1982), affd. without published opinion 702 F.2d 1205 (D.C. Cir. 1983). We equate a "substantial gainful activity" in this context with an "actual and honest objective of making a profit." Obviously, petitioner did not have failure to make a profit as his objective, even though as it turned out he failed to make a profit from his trading activities in 1989. Petitioners criticize, as being too restrictive, the regulatory standard of a mental disease impairment that would be considered as preventing gainful activity. The standard is contained in section 1.72-17A(f)(2)(vi), Income Tax Regs., which reads as follows: (vi) Mental diseases (e.g., psychosis or severe psychoneurosis) requiring continued institutionalization or constant supervision of the individual; Petitioners argue that Robert was under "constant supervision" for two years and that the alternative regulatoryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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