Mark Massingill and Indra Massingill - Page 17

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          that petitioner suffered 7 years of losses up to and including              
          the taxable year 1990.  Petitioner had no business plan to                  
          address the accumulating and expected losses.                               
               While it is likely that petitioner entered into the metal              
          mining and refining activity with a profit objective, the                   
          extended record of losses without abatement devalued the activity           
          into one that provided an offset to petitioners’ other income.              
               2.  The Expertise of the Taxpayer and His Advisers                     
               Petitioner developed, since childhood, the technical                   
          knowledge, skill, and interest in the metal mining and refining             
          field.  Petitioner also observed the proprietor of Valley                   
          Smelting, a similar concern allegedly also involved in a similar            
          activity.  Finally, by 1980, petitioner had a competitor who was            
          also recovering mercury from scrap batteries.  Petitioner did not           
          demonstrate how he utilized the information gathered to address             
          any business decisions confronting his activity such as the rates           
          of continuing losses.                                                       
               Although petitioner’s wife was a controller possessing                 
          financial skills to develop and operate a business plan, the                
          record does not demonstrate that her skills were utilized.                  
               3.  The Time and Effort Expended by the Taxpayer in Carrying           
          On the Activity                                                             
               Petitioner spent a minimal amount of time carrying out the             
          activity in 1990.  He spent approximately 1 month on the                    
          production of income in 1990.  He contends, however, that the               





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