- 15 - operation of Silk Oak have been de minimis when compared to the $145,510 in expenses incurred. Bischoff v. Commissioner, T.C. Memo. 1995-34. Accordingly, this factor favors respondent. 8. The Financial Status of Petitioners The fact that a taxpayer does not have substantial income from sources other than the activity may indicate that the activity is engaged in for profit. Sec. 1.183-2(b)(8), Income Tax Regs. In this case, petitioners' income from their nursing supervisory activities totaled $105,992 in 1991 and $133,572 in 1992. Petitioners' income is sufficient to produce a comfortable standard of living, even upon consideration of the losses incurred in the operation of Silk Oak. Golanty v. Commissioner, supra. We also note that the losses reported from the operation of Silk Oak provided petitioners with substantial tax benefits. Id. at 429. This factor favors respondent. 9. The Elements of Personal Pleasure or Recreation That May Be Present The presence of personal motives in carrying on an activity may indicate that the activity is not engaged in for profit, especially where there are recreational or personal elements involved. Sec. 1.183-2(b)(9), Income Tax Regs. The existence of personal pleasure for the taxpayer, however, does not compel a finding that the activity was not engaged in for profit. Jackson v. Commissioner, 59 T.C. 312, 317 (1972). Conversely, the existence of hard work is not enough to distinguish a profit- seeking activity from a hobby. Borsody v. Commissioner, T.C.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011