-17- to be classified as not engaged in for profit”. Sec. 1.183- 2(b)(9), Income Tax Regs. Congress did not require that taxpayers dislike an activity as a prerequisite to a finding that they are engaged in the activity for profit. Crail v. Commissioner, T.C. Memo. 1993-40. The Lu-Joy was equipped as a commercial fishing boat, and Mr. Lamb did not use the Lu-Joy for recreational purposes. We believe that Mr. Lamb was a fisherman whose purpose was to earn money from the sale of tuna. Based on a consideration of all the above factors and having heard Mr. Lamb’s testimony at trial, we believe that his primary objective for engaging in fishing activity during 1990 and 1991, was to make a profit. Takahashi v. Commissioner, 87 T.C. 126, 132 (1986); Thomas v. Commissioner, 84 T.C. 1244, 1269 (1985), affd. 792 F.2d 1256 (4th Cir. 1986); Seaman v. Commissioner, 84 T.C. 564, 588 (1985); Allen v. Commissioner, 72 T.C. at 33; Dunn v. Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980); Jasionownski v. Commissioner, 66 T.C. at 319. Rising tuna prices enticed Mr. Lamb to purchase the Lu-Joy and reenter the tuna fishing business in 1988. We find Mr. Lamb’s testimony that he thought he “was going to make a killing” credible. Unfortunately, Mr. Lamb’s eyesight deteriorated due to his diabetic retinopathy.6 6At trial, Mr. Lamb testified that “I’d come in and talk with some of the other fishermen on the dock at night and they had seen fish, a school of fish here and a school of fish (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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