- 9 - resort activity's income and expenses. He printed brochures to advertise the resort, and he offered rooms for rent. He expended energy and minimized costs by doing all of the repair work himself. He hired Alvarado to provide legal services and to assist in the maintenance of the resort when petitioner was not present at the property. Petitioner was experienced in operating sailboats, so he bought sailboats to attract guests to the resort. Moreover, it was not unreasonable to expect that the value of Playa de los Vivos would increase, given the property's location and the promise of future infrastructure development. While the losses may have been greater than what they would have been if petitioner had not tried to convert the resort activity to solar power, that does not mean he was not trying to operate it for profit. Petitioner credibly testified that he had a profit motive when he bought Playa de los Vivos and that he continues to have one today. Generally, a taxpayer's unimpeached, competent, and relevant testimony "may not be arbitrarily discredited and disregarded" by the Court. Loesch & Green Const. Co. v. Commissioner, 211 F.2d 210, 212 (6th Cir. 1954). Respondent did not refute petitioner's testimony, and we believe petitioner. Based on all the facts and circumstances, we conclude that petitioner had a profit motive in operating his resort activity.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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