- 15 - Morley arrived home after dark, very tired, in a bad mood, and dirty with a "certain aroma" from his work on the farm. It appeared to the Court that Mrs. Morley resented the amount of time Mr. Morley spent on the horse-breeding activity and that she was unhappy that her husband came home every night dirty and smelly. We are not convinced that Mr. Morley would subject himself to such rigors solely for recreation or pleasure. Furthermore, the record indicates that, as of the time of trial, Mr. Morley had ridden the horses no more than three times and only in conjunction with his work on the farm. The time and effort Mr. Morley spent on the horse-breeding activity combined with his lack of personal pleasure from the activity indicate a profit motive. D. History of Income or Losses 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 opinion 647 F.2d 170 (9th Cir. 1981). Section 1.183-2(b)(6), Income Tax Regs., however, provides that a series of losses during the startup phase of an activity may not necessarily be an indication that the activity is not engaged in for profit. Furthermore, if losses are sustained because of unforseen circumstances beyond the control of the taxpayer, then such losses would not be an indication that the activity is not engaged in for profit. Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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