Anthony J. McCarthy - Page 12




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            this income was reduced by the $13,217 which he spent in support                           
            of Benjamin's amateur motocross racing activity.  Furthermore, as                          
            more fully discussed, infra, at factor 9, the activity was both                            
            personal and recreational with respect to petitioner and his son:                          
            petitioner’s actions were as consistent, if not more consistent,                           
            with one who wishes to participate in an activity with his son as                          
            with one who wishes to supplement his already substantial income.                          
                  This factor favors respondent.                                                       
                  9.  Elements of Personal Pleasure or Recreation.                                     
                  The presence of personal motives in carrying on an activity,                         
            especially where there are recreational or personal elements                               
            involved, may indicate that the activity is not engaged in for                             
            profit.  See sec. 1.183-2(b)(9), Income Tax Regs.  Profit need                             
            not be the only objective, however, and personal motives may                               
            coexist with an actual and honest intent to derive a profit.  See                          
            id.                                                                                        
                  Benjamin was unable to earn any potential profit for several                         
            years after the year in issue.  Furthermore, any potential profit                          
            was dependent upon many unknown variables involved with beginning                          
            a professional career–-such as Benjamin’s future size, abilities,                          
            and even desire to continue pursuing the activity into his late                            
            teen and early adult years.  Finally, the motocross racing                                 
            activity was inherently recreational and was conducted as an                               
            activity to be shared by father and son.  Considering these                                






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