Anthony Ranciato and Lucille Ranciato - Page 11

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          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.            






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