- 13 - this factor suggests that petitioner did not operate his automobile drag racing activity for profit. 8. Taxpayer's Financial Status The lack of substantial income from sources other than the activity in question may indicate the existence of a profit objective. See sec. 1.183-2(b)(8), Income Tax Regs. The rationale for this rule is that a taxpayer with substantial income unrelated to the activity can more easily afford to operate the activity as a hobby. In 1995, petitioner received $49,218.01 in disability pay, $51,600 in IRA distributions attributable to his disability, and $37,500 in premature IRA distributions. At trial, petitioner stated that the automobile racing activity is "almost like gambling." To support his addiction to this activity, petitioner withdrew $37,500 in IRA distributions prematurely. In addition, he used part of the money designated for his disability to fund the activity. Petitioner had substantial income unrelated to the automobile racing activity. Accordingly, this factor does not favor petitioner. 9. Elements of Personal Pleasure The absence of personal pleasure or recreation relating to the activity indicates the presence of a profit objective. See sec. 1.183-2(b)(9), Income Tax Regs. There is no question that petitioner enjoyed and obtained pleasure from his automobile dragPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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