Frederick G. Harrison, Sr. and Estate of Catherine Harrison, Deceased - Page 17

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          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 in               






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