- 24 - their failure even to track their horse show winnings, suggests a certain indifference to the bottom line, and little probability that their operations will become profitable. Petitioners’ history of losses, their inability to account for them, and their bleak prospects all suggest a lack of profit motive. Amount of Occasional Profits The amount of occasional profits, if large in relation to losses incurred or the taxpayer’s investment, may indicate a profit motive. See sec. 1.183-2(b)(7), Income Tax Regs. In this case, petitioners have never earned a profit from their show horse activity, and the evidence suggests that any future profits are unlikely. Taxpayer’s Financial Status Substantial income from sources other than the activity, particularly if the losses from the activity generate substantial tax benefits, may indicate that the activity is not engaged in for profit, especially if there are personal or recreational elements involved. See sec. 1.183-2(b)(8), Income Tax Regs. Dr. Hillman’s earnings from his medical practice were $181,849 in 1993 and $142,362 in 1994 and never less than $142,362 annually from 1991 through 1996. Dr. Hillman’s medical practice income allowed petitioners to sustain the losses from their show horse activity. Deducting these losses significantly reduced the after-tax cost of such activities to petitioners.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011