- 17 - Tax Regs. While a formal market study is not required, a basic investigation of the factors that would affect profit generally is. Underwood v. Commissioner, T.C. Memo. 1989-625. Respondent contends that petitioner did no background investigation to determine if this venture could be profitable or if any of his co-venturers had ever been successful in this type of activity. Petitioner did investigate this venture by meeting with the other investors, investigating Mr. Tillman's credentials, and reading books on treasure hunting. It is clear from the record that petitioner did not enter this activity with the hope that regular finds of treasure would provide a return of his expenditures plus a small profit. Instead, petitioner entered this activity with the belief that if treasure were found the return would be so great that all of his expenses would be recouped and a substantial profit would be realized. This belief indicates that petitioner was engaged in this activity with a profit motive. Cf. sec. 1.183-2(c) Example (6), Income Tax Regs. (wildcat oil driller engaged in activity for profit when there is a small chance to make a large profit). Thus, the fact that petitioner's co-venturers had not shown a record of profits does not indicate that they did not expect to find gold or treasure in the future. The factors that most strongly indicate a profit motive are the time and effort spent in conducting the gold mining and treasure hunting as well as the lack of personal enjoyment inPage: 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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