John R. and Lois J. McCarthy - Page 16




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                  7. Amount of Occasional Profits                                                      
                  The amount of occasional profits, if substantial in relation                         
            to losses incurred or the taxpayer’s investment, may indicate a                            
            profit objective.  See sec. 1.183-2(b)(7), Income Tax Regs.                                
                  In this case, petitioner has never earned a profit from his                          
            activity, and the evidence suggests that any future net profits                            
            are unlikely.                                                                              
                  8. Taxpayer’s Financial Status                                                       
                  Substantial income from sources other than the activity,                             
            particularly if the losses from the activity generate substantial                          
            tax benefits, may indicate that the activity is not engaged in                             
            for profit, especially if there are personal or recreational                               
            elements involved.  See sec. 1.183-2(b)(8), Income Tax Regs.                               
                  During the years in issue, petitioners received Social                               
            Security benefits, pension, interest, and dividend income.                                 
            Petitioners were by no means wealthy; however, the losses from                             
            the activity greatly reduced their tax liability.                                          
                  9. Elements of Personal Pleasure                                                     
                  The existence of personal or recreational elements in an                             
            activity may indicate that the activity is not engaged in for                              
            profit; on the other hand, where an activity lacks any appeal                              
            other than profit, a profit objective may be indicated.  See sec.                          
            1.183-2(b)(9), Income Tax Regs.                                                            








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