-16- fisherman’s success on the sea, deteriorated due to his diabetic retinopathy. (8) The Financial Status of the Taxpayer The regulations provide that “Substantial income from sources other than the activity (particularly if the losses from the activity generate substantial tax benefits) may indicate that the activity is not engaged in for profit especially if there are personal or recreational elements involved.” Sec. 1.183-2(b)(8), Income Tax Regs. On their 1990 Federal income tax return, petitioners reported wages from Marriner Lumber and Oregon Bow totaling $53,074, interest income of $29,653, dividend income of $686, capital gains of $64,583, and miscellaneous income of $4,539. On their 1991 return, petitioners reported wages from Marriner Lumber of $31,772, interest income of $29,454, dividend income of $557, taxable refunds of State and local income taxes totaling $1,708, capital gains of $23,398, Schedule E income of $44,633, and miscellaneous income of $5,331. Petitioners clearly received a tax benefit from the losses generated by Mr. Lamb’s tuna fishing activity. (9) The Presence of Elements of Personal Pleasure or Recreation The “fact that the taxpayer derives personal pleasure from engaging in the activity is not sufficient to cause the activityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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