-27- favor. By the same token, it is not a factor in petitioner’s favor. Conclusions From 1985 through the end of 1992, just before the years in issue, (1) petitioner had incurred about $80,000 of costs for video equipment, (2) petitioner had lost increasing amounts of money for each of the 8 years since he embarked on his videotape activity, and (3) petitioner was approaching age 80. During the 3 years in issue, (1) petitioner incurred about $75,000 more of costs for video equipment, (2) petitioner’s videotape sales totaled $438, of which he had collected only $258 by the time of the trial, and (3) petitioner lost another $70,000 on his videotape activity. Petitioner's age ordinarily would not be relevant to our determination. However, petitioner's substantial capital investment at that age makes it more important that petitioner be able to show that he really intended to earn enough to (1) recoup his capital investment and also (2) earn a profit on that capital investment. Petitioner seemed to be unable to articulate any plan, or even any moderately clear vision, for profitability of his videotape activity. We conclude, and we have found, on the basis of the preponderance of the evidence, that petitioner did not engage in his videotape activity for profit.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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