- 2 -2 amounts paid in connection with his son's motocross racing activity because the activity was not entered into for profit during the year in issue. The Court of Appeals stated: "The principal error in the Tax Court's decision is that it gave dispositive weight to the fact that McCarthy's son was an amateur in the tax year in question, and, therefore, '[t]here was no possibility that petitioner could have realized a profit from his management activity' in that year. * * * The inability to make a profit in a particular year is not, however, by itself dispositive." The Court of Appeals stated: It may be that, on remand, the Tax Court will conclude that the evidence relied on by McCarthy is insufficient to establish that he had the requisite profit motive. However, such a determination must be based on all the facts and circumstances, not merely on one or two facts that favor the Commissioner's position. See Ranciato, 52 F. 3d at 26. On remand, the Tax Court should explicitly weigh factors that may favor the taxpayer such as the manner in which McCarthy carried on his management activities, his expertise in the motocross business, his foregoing advancement as a construction worker, and his financial situation. We have reconsidered the facts in this case on remand as instructed by the Court of Appeals, McCarthy v. Commissioner, 164 F.3d 618 (1998), and remain firmly convinced that petitioner did not engage in managing and promoting his son's amateur motocross racing activity during 1993 with the requisite intent to profit. We therefore adhere to our holding in McCarthy I. We incorporate herein by this reference the facts found in McCarthy I.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011