Busbee, Tommy W. and Pamela L. - Page 11




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          asserts that petitioners did not engage in the fishing activity             
          with an intent to make a profit.  We disagree.                              
               Petitioners widely advertised their fishing activity and               
          engaged in numerous promotional activities in the expectation of            
          recruiting additional CAST members and thereby making a profit.             
          Petitioners also devoted substantial amounts of time to their               
          fishing activity in spite of their full-time employment                     
          elsewhere.  Petitioners’ fishing activity is, in effect, a                  
          noncontractual franchise in which directors are allowed to use              
          the CAST name in their respective regions and are able to keep              
          part of the gross receipts from the activity while accepting                
          responsibility for all of the attendant incurred expenses.                  
               Petitioners kept detailed business records and mailing lists           
          and constantly strove to increase the profitability of their                
          fishing activity.  If one fishing activity practice increased               
          operating expenses, petitioners sought out ways to change that              
          aspect of the activity in an effort to reduce expenses and make             
          the activity more profitable.  For example, petitioners were able           
          to reduce operating costs by soliciting local sponsors for                  
          lodging and meals and by arranging for Ranger Boats to pay                  
          petitioners’ boat show booth fees in exchange for publicity.                
               Once petitioners decided to conduct this activity to earn              
          income for their retirement, they sought out the expertise of Mr.           
          Taylor, a person who had organized over 300 fishing tournaments.            






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