Martin and Marion Abbene - Page 31

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            years in issue.  Accordingly, we conclude that the frequency of                              
            occasional profits is a factor that favors respondent.                                       
                  8.    The Financial Status of the Taxpayer                                             
                  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.  Sec. 1.183-2(b)(8), Income Tax Regs.                                            
                  Petitioners concede that, during the years in issue, they                              
            enjoyed a relatively high level of income from Mr. Abbene's                                  
            employment with Pride Chemicals.  Petitioners assert, however,                               
            that, without a profit motive, their income could not justify or                             
            sustain the type and size of expenditures that they incurred over                            
            the years.  Respondent contends that petitioners' substantial                                
            income from their regular employment allowed them to continue                                
            operating Blue Ribbon despite the heavy losses incurred each                                 
            year.                                                                                        
                  We agree with respondent.  Petitioners reported combined                               
            gross income in the amounts of $134,629, $112,136, and $110,245                              
            for 1990, 1991, and 1992, respectively.  Clearly, there is no                                
            benefit to losing money when the resulting tax savings represent                             
            less than 100 percent of the loss.  Engdahl v. Commissioner, 72                              
            T.C. at 670.  Petitioners' substantial income, however, enabled                              








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