-22- writing activity. We accept petitioner's testimony at trial that he was best known at Treasury for his writing ability and that he was often called upon to perform writing-based tasks. This may have contributed to petitioner's belief that he could make money as an author. Moreover, we are convinced that petitioner viewed his agreement with Northwest as offering a real potential for generating profit. The next two factors, the taxpayer's history of income or losses with respect to the activity and the amount of occasional profits, if any, which are earned, are examined in tandem. Respondent argues that petitioner's continuous record of losses from his activity is persuasive evidence that he was not engaged in this activity for profit. Petitioner argues that, while his efforts as an author have not proved profitable up to this time, his hard work will be rewarded with substantial income when his search for a new publisher proves successful. It is undisputed that petitioner did report a loss in each year of operation. However, there are two important facts in this case which should be considered with respect to these losses. First, section 1.183-2(b)(6), Income Tax Regs., states that losses incurred during the startup phase of a business are not necessarily indicative of a lack of profit motive. Because petitioner did not begin treating his writing activity as a tradePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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