- 15 - 6. The Activity’s History of Income and/or Loss An activity’s history of income or loss may reflect whether the taxpayer has a profit objective. See sec. 1.183-2(b)(6), Income Tax Regs. Unless explained by customary business risks or unforeseen or fortuitous circumstances beyond the taxpayer’s control, a record of continuous losses beyond the period customarily required to obtain profitability may indicate that the activity is not engaged in for profit. See id. Petitioner has not earned any income from the writing activity, and he has incurred substantial losses during the 3 years in issue. It is not clear from the record the amount of losses that were claimed in prior years.6 During the years in issue, petitioners deducted $57,156 of losses attributable to the writing activity. The magnitude of the activity’s losses in comparison with the lack of revenues is an indication that petitioner did not have a profit motive with respect to the activity. See Smith v. Commissioner, T.C. Memo. 1997-503; Burger v. Commissioner, T.C. Memo. 1985-523. Furthermore, many businesses do experience losses in their startup years, but they typically have a goal to realize a profit including enough net earnings to recoup the losses. 6 Petitioner stated that he wrote and submitted articles on a part-time basis from 1978 to 1991, after which he focused on his writing activity full time. However, it is not clear from the record when petitioner started treating his activity as a Schedule C business.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011