-10- latter possibility constitutes the primary motivation for the activity. * * * [Burger v. Commissioner, T.C. Memo. 1985-523, affd. 809 F.2d 355 (7th Cir. 1987); fn. ref. omitted.] We find that petitioner engaged in the artist activity because of the satisfaction, pride, and prestige it afforded him. Although it is not required that a taxpayer dislike an activity before it will be considered a business and not a hobby, Jackson v. Commissioner, 59 T.C. 312, 317 (1972), petitioner has shown no evidence of a profit objective with respect to his artist activity. Substantial income from sources other than the activity (particularly if the losses from the activity generate substantial tax benefits) may indicate that the activity is not engaged in for profit especially if there are personal or recreational elements involved. Sec. 1.183-2(b)(8), Income Tax Regs. In general, a taxpayer with substantial income unrelated to the activity can more readily afford a hobby. Petitioner did have an independent source of income (from his accounting business) and did not rely on his artist activity to support himself. Additionally, we note that for 1991 and 1993 (although the 1993 year is not at issue) petitioner reported a loss from his artist activity exactly equal to the income from his accounting activity. Such an unlikely coincidence indicates that petitioner may be using his artist activity as a device to eliminate Federal income tax on the income from his accountingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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