- 14 - Although they attempted to obtain insurance for commercial use of their boat, they never did. Herbert did not check with local authorities regarding the requirements for operating a passenger- carrying vessel on a public river. In addition, he did not investigate whether a business license was required for the chartering activity. We are not convinced that petitioners operated their chartering service in a businesslike manner. Careful investigation of a potential business to ensure the chance for profitability strongly indicates an objective to engage in the activity for profit. Sec. 1.183-2(b)(2), Income Tax Regs. While a formal market study is not required, a basic investigation of the factors that would affect profit generally is necessary. Harrison v. Commissioner, T.C. Memo. 1996-509. Herbert testified that he did not consult with any professionals about the profitability of the chartering activity. Before entering into the activity, he did not analyze operating costs to determine whether the chartering business would be profitable. This indicates that the chartering service was not engaged in for profit. A record of substantial losses over several years may be indicative of the absence of a profit motive. Golanty v. Commissioner, 72 T.C. 411, 426 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981). Petitioners never generated a profit for the chartering activity during the yearsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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