Mark Massingill and Indra Massingill - Page 19

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               Petitioner did not present any evidence that he had been               
          involved or demonstrated any success in any similar or dissimilar           
          type of activity.                                                           
               6.  The Taxpayer’s History of Income or Losses                         
          With Respect to the Activity                                                
               Although no one factor is determinative of the taxpayer’s              
          objective to make a profit, a record of substantial losses, and             
          the unlikelihood of achieving a profitable operation is highly              
          probative of the taxpayer’s true objective.  Golanty v.                     
          Commissioner, 72 T.C. at 411; sec. 1.183-2(b)(6), Income Tax                
          Regs.                                                                       
               Petitioner’s main argument in this case is that the                    
          activities of a State agency prevented him from operating a                 
          profitable activity during 1990.  Petitioner’s difficulties with            
          DHS resulted in prolonged delay, and, ultimately, in the seizure            
          of significant portions of petitioner’s inventory that was                  
          allegedly hazardous waste.                                                  
               Petitioner knew or should have known he was engaged in a               
          business that involved dangerous or hazardous chemicals.                    
          Performing metal mining and refining operations required                    
          adherence, at least to a degree, to minimal environmental                   
          regulations, which represented a cost of doing business in this             
          particular field.  Petitioner did not comply, and when confronted           
          with the environmental regulations, he chose to engage in lengthy           
          litigation.  The dispute with DHS was not an unforeseen                     





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