Paul F. Dickie - Page 7




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          of occasional profits, if any, which are earned; (8) the                    
          financial status of the taxpayer; and (9) elements of personal              
          pleasure or recreation.  These factors are not applicable or                
          appropriate in every case.  Abramson v. Commissioner, 86 T.C.               
          360, 371 (1986).                                                            
               Petitioner carried on his music activity in a nonbusiness              
          like manner.  Petitioner claimed various expenses including car             
          and truck expenses, depreciation, and supplies.  Petitioner                 
          admitted that he failed to maintain any books or records, or a              
          separate business bank account.  There also is no evidence that             
          petitioner carried on the activity in a manner similar to other             
          activities of the same nature which are profitable.  Sec. 1.183-            
          2(b)(1), Income Tax Regs.                                                   
               Although petitioner testified that he attempted to promote             
          his music activity by handing out compact discs, on which he was            
          listed as a contributing guitarist, to some people in the music             
          industry, petitioner did little else to promote or advertise his            
          availability as a musician for hire.  Indeed, petitioner admitted           
          that he did not advertise in the local telephone directory,                 
          distribute flyers, or obtain business cards.  Petitioner was not            
          a member of any musicians' union.  Petitioner made no reasonable            
          efforts to gain recognition as a musician playing Christian music           
          for hire.                                                                   







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