Martin and Marion Abbene - Page 19

                                                - 19 -                                                   

            under the circumstances to demonstrate that the activity was                                 
            carried on for profit.  Although Mr. Abbene hired an accountant                              
            to maintain Blue Ribbon's books and records, those books and                                 
            records may represent nothing more than a conscious attention to                             
            detail.  Golanty v. Commissioner, 72 T.C. 411, 430 (1979), affd.                             
            without published opinion 647 F.2d 170 (9th Cir. 1981).  In the                              
            instant case there has been no showing that the books and records                            
            were kept for the purpose of cutting expenses, increasing                                    
            profits, or evaluating the overall performance of the operation.                             
            Id.  Mr. Abbene testified that he reviewed Blue Ribbon's records,                            
            but he has failed to show that he used them to improve the                                   
            operation of the enterprise.  Id.                                                            
                  Additionally, petitioners concede that, despite mounting                               
            losses, Blue Ribbon was operated in substantially the same manner                            
            from the time it was formed throughout all the years in issue.                               
            We believe that if profit had been the motive, Mr. Abbene would                              
            have either adopted new techniques or abandoned unprofitable                                 
            methods in an effort to improve Blue Ribbon's profitability.                                 
            Accordingly, we conclude that petitioners failed to establish                                
            that Mr. Abbene operated Blue Ribbon in a businesslike manner.                               
                  2.    The Expertise of the Taxpayer or the Taxpayer's                                  
                        Advisers                                                                         
                  A taxpayer's expertise, research, and study of an activity,                            
            as well as his consultation with experts may be indicative of a                              
            profit motive.  Sec. 1.183-2(b)(2), Income Tax Regs.                                         




Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011