William E. and Barbara J. Flanagin - Page 11




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          1984 through 1993.  Mr. Flanagin's history of losses indicates a             
          lack of a profit motive.                                                     
               E.  Petitioners' Financial Status                                       
               Substantial income from sources other than the activity in              
          question, particularly if the activity's losses generate                     
          substantial tax benefits, may indicate that the activity is not              
          engaged in for profit.  See sec. 1.183-2(b)(8), Income Tax Regs.             
          In 1992 and 1993, Mr. Flanagin had nonsoftware activity income of            
          at least $156,773 and $63,838, respectively.  Mr. Flanagin could             
          afford to operate the software development activity as a hobby.              
          This factor indicates a lack of profit objective.                            
               F.  Other Factors                                                       
               Mr. Flanagin knew that the useful life of the Z-100 was                 
          nearing its end.  Petitioners argue, however, that Mr. Flanagin's            
          work relating to the Z-100 was laying the foundation for                     
          developing PC-compatible software.  At the trial, Mr. Flanagin               
          testified that he had no evidence to support this contention.                
          Even if Mr. Flanagin had been attempting to move into the PC-                
          compatible market, the aforementioned factors still weigh against            
          petitioners.                                                                 
               G.  Conclusion                                                          
               After reviewing the entire record, we conclude that Mr.                 
          Flanagin did not engage in the software development activity with            







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