- 37 - (6) History of Income or Loss With Respect to the Activity Section 1.183-2(b)(6), Income Tax Regs., provides in pertinent part as follows: A series of losses during the initial or start-up stage of an activity may not necessarily be an indication that the activity is not engaged in for profit. However, where losses continue to be sustained beyond the period which customarily is necessary to bring the operation to profitable status such continued losses, if not explainable, as due to customary business risks or reverses, may be indicative that the activity is not being engaged in for profit. If losses are sustained because of unforeseen or fortuitous circumstances which are beyond the control of the taxpayer, such as drought, disease, fire, theft, weather damages, other involuntary conversions, or depressed market conditions, such losses would not be an indication that the activity, is not engaged in for profit. * * * Petitioners reported significant losses during each of the years in issue. Petitioners make the general contention that these losses were caused by "unanticipated start-up expenses, drought, deer damage, and other unusual and unexpected circumstances." However, petitioners make no attempt to quantify the losses that they claim are attributable to each of these causes. For example, petitioners do not enumerate specifically what startup expenses were unanticipated. Similarly, the record does not state whether the drought to which petitioners make reference took place during the years in which they plantedPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011