Alton F. Emerson - Page 12




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          $70,428.52 loss petitioner reported in 1995.  Given petitioner's            
          record of losses, we see no possibility that petitioner could               
          recoup his expenditures.  Therefore, we find this factor weighs             
          against petitioner.                                                         
               7.  Amount of Occasional Profits Earned, If Any                        
               The amount and frequency of occasional profits earned from             
          the activity may also be indicative of a profit objective.  See             
          sec. 1.183-2(b)(7), Income Tax Regs.  Other than occasional small           
          cash awards, about which petitioner was vague and of which he               
          kept no records, petitioner's automobile drag racing activity               
          produced no income.                                                         
               However, the "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."  Id.  There is no doubt that the automobile drag                
          racing activity was a "highly speculative venture".  However,               
          petitioner has not convinced us that he ever had an "opportunity            
          to earn a substantial ultimate profit" from the activity.                   
               The small cash awards petitioner received were minuscule in            
          relation to both the losses he incurred and his total investment            
          in the activity, and without a sponsor, petitioner never had an             
          opportunity to earn a substantial ultimate profit.  Accordingly,            








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