Ralph Louis Vitale, Jr. - Page 20




                                        -20-                                          
          organized in keeping track of his expenditures, his efforts to              
          make a financial success of his writing activity show a profit              
          objective.                                                                  
               The fact that petitioner did not seek expert advice on how             
          to start or maintain a business as a fiction writer does weigh              
          against his argument that he carried on the activity in a                   
          businesslike manner.  While petitioner had writing skills, it               
          appears that they were mainly in the technical field of budget              
          analysis.  However, it is important to consider that petitioner             
          used his writing skills extensively in his job at Treasury, where           
          he worked for more than 30 years.  Moreover, by virtue of his job           
          assignments and performance rating, petitioner was led to believe           
          that writing was his strong point.  Although his success at                 
          Treasury is not a reasonable predictor of his success as a                  
          fiction writer, his prior writing experience is not unrelated to            
          his anticipated performance as a writer in another field.  We               
          also note that petitioner has a bachelor's degree in marketing              
          and advertising, which suggests that he has more than a basic               
          familiarity with the business side of his writing activity.  It             
          is apparent from the record that petitioner took great interest             
          in the commercial aspects of his endeavor.                                  
               The third factor in the regulations focuses on the time and            
          effort expended by the taxpayer in carrying on the activity.                
          There is little question that, during the years at issue,                   






Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011