- 9 - position. See Dunn v. Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980); sec. 1.183-2(b), Income Tax Regs. Certain elements are given more weight than others because they are more meaningfully applied to the facts in our case. Upon reviewing the entire record, we conclude that, during the year at issue, Mr. Richards was engaged in his writing activity with the requisite profit objective. We first look to the manner in which Mr. Richards carried on the activity. Mr. Richards managed some aspects of this activity in a businesslike fashion. He hired agents to help him with negotiating prices for the sale of his screenplays. Moreover, Mr. Richards has a long professional history as a writer--and as a successful writer. Mr. Richards has numerous contacts and devotes much of his time and energy to carrying on this activity. Mr. Richards did not have income from other sources, and petitioners did not derive great tax benefits from the claimed losses. Although Mr. Richards’ efforts were not successful in producing net profits for a number of years, this may be the result of at least two factors: (1) The precarious nature of the entertainment business, and (2) the claiming of expenses not properly allocable to the writing activity. We do not believe that the lack of unreported income in this situation negates the presence of a profit objective. We hold that Mr. Richards was aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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