Walter J. Piszczek - Page 11

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          were constantly fluctuating, petitioner seems to have been                  
          indifferent to the realities of the marketplace.                            


               Petitioner did not secure any of the required permits for              
          the type of building he was constructing or the type of operation           
          he was conducting.  Petitioner did not even take the minimal step           
          of maintaining a separate bank account for this activity.                   
               This factor does not support a conclusion that petitioner's            
          activity was profit motivated.                                              
          2.  Expertise of Petitioner                                                 
               We consider the expertise of petitioner and the                        
          professionals he consulted with respect to the technology he                
          sought to develop and with respect to his prospects for doing so            
          profitably.  Sec. 1.183-2(b)(2), Income Tax Regs; see Underwood             
          v. Commissioner, T.C. Memo. 1989-625; Burger v. Commissioner,               
          T.C. Memo. 1985-523, affd. 809 F.2d 355 (7th Cir. 1987).                    
               Petitioner had some relevant engineering experience, but he            
          lacked the expertise he would need to turn a workable device into           
          a commercially viable venture.  He did not consult with                     
          professional advisers who would have been able to fill in the               
          gaps in his knowledge.                                                      
               This factor does not support a conclusion that petitioner's            
          activity was profit motivated.                                              
          3.  Time and Effort Spent in Conducting the Activity                        
               The fact that a taxpayer devotes much of his or her own time           
          to an activity may indicate a profit objective if the activity              


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