Richard A. Stasewich - Page 10

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               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 accounting              





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