John R. and Lois J. McCarthy - Page 12




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                  Petitioner stated at trial that selling articles did not pay                         
            well, and he offered no indication as to how much he could                                 
            receive from the sale of an article.  Petitioner testified that                            
            the sale of a novel would pay well, but no amount was offered nor                          
            has he had a contract with a literary agent since he started the                           
            activity.  Petitioner did not explain how he expected to recoup                            
            the $57,156 in losses.                                                                     
                  Petitioner argues that he did have a profit objective since                          
            he submitted articles only to periodicals that offered                                     
            compensation.  However, petitioner’s articles were not accepted                            
            for publication for a number of years (at least since 1978), and                           
            it does not appear that petitioner attempted to develop a                                  
            strategy to get published or made changes in order to succeed.                             
                  Petitioner did submit his two novels to two literary agents                          
            prior to the years at issue.  Petitioner did not enter into any                            
            contracts with the agents.  It is not clear from the record                                
            whether petitioner submitted any novels to agents during the                               
            years at issue.                                                                            
                  2. Expertise of Petitioner and His Advisers                                          
                  Preparation for an activity by extensive study or                                    
            consultation with experts may indicate a profit objective where                            
            the taxpayer conducts the activity in accordance with such study                           
            or advice.  See sec. 1.183-2(b)(2), Income Tax Regs.                                       








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