22 After considering the entire record, we hold that petitioner did not engage in the activity of metal mining and refining during 1990 with the bona fide objective of making a profit. Other than his self-serving testimony, we find that petitioner did not present any evidence that supported his position that he had an actual and honest objective of making a profit from his metal mining and refining activity. Petitioner, based on his losses, should have been aware that the activity was either incapable of generating a profit or that his performance and assumptions were seriously flawed. However, the record does not show that petitioner had a business plan to stem or assuage the losses. Hence, we find that petitioner has failed to carry his burden of proving that he engaged in that activity with a profit objective. We hold that petitioner was not engaged in an activity for profit under section 183. Accordingly, we sustain respondent on this issue. Failure to File Finally, we decide whether petitioner is liable for the addition to tax under section 6651(a)(1) for failure to file a timely return. Section 6651(a)(1) provides for an addition to tax of 5 percent of the amount of income tax required to be shown on the return if such failure to file is for not more than 1 month, with an additional 5 percent for each month such failure continues, not to exceed 25 percent. The addition to tax underPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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