- 11 - losses would stop, nor of how the store would alter its methods of operation in order someday to reap a profit. Thus, even if we were to assume that petitioner had a profit objective before the subject years, we would still not be persuaded that he retained this objective during the subject years. In order to escape the grasp of section 183, it is not enough to have a profit intent before the years in dispute. The taxpayer must possess the required intent during the year in issue. Sec. 1.183-2(b), Income Tax Regs.; see also Dennis v. Commissioner, T.C. Memo. 1984-4; Daugherty v. Commissioner, T.C. Memo. 1983-188. This factor supports respondent's determination. 7. Amount of Occasional Profits We consider the occasional amount of profits, if any, from the subject activity. Sec. 1.183-2(b)(7), Income Tax Regs. For the reasons stated immediately above, we hold that this factor favors respondent’s determination. 8. Financial Status of Taxpayer We consider petitioners' financial status. Sec. 1.183-2(b)(8), Income Tax Regs. Substantial income from sources other than an activity, particularly if the activity's losses generated substantial tax benefits, may indicate that the activity is not engaged in for profit. This is especially true where there are personal or recreational elements involved. Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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