- 20 - be to realize a profit on the entire operation, which presupposes not only future net earnings but also sufficient net earnings to recoup the losses that have meanwhile been incurred in the intervening years. Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967). We find it significant that although petitioners' trees have been bearing enough fruit to sell to the public since the mid-1980's, at no time during petitioners' involvement in the apple orchard activity did they realize a profit. Given the record of losses over the 3 years at issue, we see no possibility that petitioners ever intended to be able to recoup their substantial expenditures. Accordingly, we find these factors weigh against petitioners. Substantial income from sources other than the activity in question may also be an indication of the lack of a profit objective especially where losses from the questioned activity produce substantial tax benefits. Sec. 1.183-2(b)(8), Income Tax Regs. Petitioner quite successfully carried on a part-time dentistry practice earning more than $193,000 during the years at issue. With such an income, petitioners could well afford a hobby farm, particularly when it is partially financed through the tax benefit derived from taking the losses. Finally, the presence of personal motives in carrying on of an activity may indicate that the activity is not engaged in forPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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