Frank K. B. Wheeler - Page 27




                                        -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

Last modified: May 25, 2011