Walter C Demattia and Elizabeth J. Crouse - Page 20

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          maintenance supply business, a rental real estate business, and a           
          dental practice.                                                            
               We accept petitioners' characterization of Dr. DeMattia as             
          an astute businessman.  However, given his prior experience in              
          business dealings, we find that the manner in which he carried              
          out this activity makes it less likely that he entered into the             
          activity with a profit motive.  This factor supports respondent's           
          determinations.                                                             


               6.  An Activity's History of Income and/or Losses                      
               A series of losses beyond the startup stage may be                     
          indicative of the absence of a profit motive unless such losses             
          can be blamed on unforeseen or fortuitous circumstances beyond              
          the taxpayer's control.  Sec. 1.183-2(b)(6), Income Tax Regs.               
               Respondent argues that $265,656 in losses over 7 years                 
          weighs against a profit intent.  Petitioners argue that losses in           
          the first few years are not indicative of the activity's                    
          potential profitability, especially since Constant was either ill           
          or injured for a significant portion of 1994 through 1996.                  
               Assuming that there were unforeseen circumstances beyond               
          petitioners' control, such as the series of illnesses and                   
          injuries suffered by Constant, petitioners failed to demonstrate            
          a direct correlation between Constant's illnesses and injuries              







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