- 16 - no need for him to negotiate a higher percentage of profits plus insist on reimbursement of out-of-pocket expenses before distribution of profits. Petitioner's negotiations indicate a profit motive. See Gefen v. Commissioner, 87 T.C. 1471, 1498 (1986) (partner negotiating terms of partnership's transactions to partnership's best advantage was a factor in deciding that partnership was engaged in activity with the intention of making a profit). Petitioner was admittedly not an expert in the gold mining and treasure hunting business. However, we find that petitioner did ally himself with experts sufficient to give this venture an opportunity to be successful. Although there were some inconsistencies between petitioner's testimony regarding Mr. Tillman's experience and the summary sheet of Mr. Tillman's experience, we are convinced that petitioner was aware of Mr. Tillman's credentials when making his decision to join International Recoveries in this joint venture. Both petitioner and Mr. Saldivar credibly testified that Mr. Tillman was in charge of the operations, and we are convinced that petitioner reasonably believed that Mr. Tillman was an expert in salvage operations. Careful investigation of a potential business to insure the best chance for profitability strongly indicates an objective to engage in the activity for profit. Sec. 1.183-2(b)(2), IncomePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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