Ralph Louis Vitale, Jr. - Page 24




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          field appears to pay large amounts of money to those who succeed            
          in it and "an opportunity to earn a substantial ultimate profit             
          in a highly speculative venture is ordinarily sufficient to                 
          indicate that the activity is engaged in for profit even though             
          losses or only occasional small profits are actually generated."            
          Sec. 1.183-2(b)(7), Income Tax Regs.  Likewise, we are not                  
          inclined to give much weight to the seventh factor, the amount of           
          occasional profits, if any, that are earned, because only the               
          first 2 years of petitioner's writing activity are in issue.                
               Respondent argues that the next factor, the financial status           
          of the taxpayer, negates petitioner's profit motive because his             
          independent sources of income are such that the writing activity            
          generated tax benefits for him.  We disagree with respondent.  We           
          do not believe that petitioner's income was so high as to make              
          tax savings his primary objective.  We also do not find it                  
          unlikely that petitioner, aware of his upcoming retirement and of           
          the change in his pre and postretirement income, would choose to            
          embark on something new.  No doubt the fact that he began his               
          writing activity during his preretirement years contributed to              
          his ability to try his hand at it.  Nothing in the record,                  
          however, indicates that writing then became a hobby for him.                
          Rather, we find it clear from his testimony and from the                    
          objective evidence that petitioner was a writer who desired                 
          success and who intended to make a profit from his work.                    






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