- 7 -7 the latter indicates the likelihood of a profit motive. See Golanty v. Commissioner, 72 T.C. 411, 432 (1979); Burger v. Commissioner, 809 F.2d 355, 359 (7th Cir. 1987), affg. T.C. Memo. 1985-523; sec. 1.183-2(b)(2), Income Tax Regs. Petitioner was clearly an expert in racing in the amateur context, but we find that the record does not establish that he was an expert in conducting the activity for profit, or that he actively sought such expertise elsewhere. Despite the fact that petitioner personally engaged in motocross racing as an amateur for 2 years, there is no evidence that he was so engaged on a businesslike basis or that he sought to earn a profit from that activity. There is also no evidence in the record that petitioner managed any motocross racer other than his son. Although petitioner investigated sponsorship opportunities and other methods by which his son could potentially earn future income, there is nothing in the record which establishes that petitioner studied business and economic practices or consulted with an accountant to advise him financially about the racing activity prior to engaging in the activity. Furthermore, there is no evidence indicating petitioner analyzed the overall cost or necessary capital investment relative to potential revenue. See, e.g., Nichols v. Commissioner, T.C. Memo. 1990-546. This factor favors respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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