John R. and Lois J. McCarthy - Page 11




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                  Taking into account the above factors and considering the                            
            facts and circumstances relating to petitioner’s writing                                   
            activity, as discussed more fully below, we are not persuaded                              
            that during the years in issue petitioner engaged in that                                  
            activity with the objective to make a profit.                                              
                  1. Manner in Which Activity Conducted                                                
                  The fact that a taxpayer carries on an activity in a                                 
            businesslike manner and maintains complete and accurate books and                          
            records may indicate that the activity was engaged in for profit.                          
            See sec. 1.183-2(b)(1), Income Tax Regs.                                                   
                  Petitioner managed some aspects of this activity in a                                
            businesslike fashion.  He maintained records of his expenses and                           
            regularly researched and submitted articles and novels to the                              
            various periodicals and literary agents.  Some of petitioner’s                             
            activities belied any profit objective.  For instance, the                                 
            income-producing potential of petitioner’s gun experiments seemed                          
            to be of little concern to petitioner.  Petitioner was not an                              
            expert in gun testing, yet he incurred gun-related expenses to                             
            conduct his tests without first researching whether there would                            
            be an interest in such findings from a lay person.  Petitioner                             
            decided to conduct gun testing, incurring expenses, regardless of                          
            the amount of income he could objectively expect from a gun                                
            article.                                                                                   








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