Hugh T. Brown, Jr., and Kristi L. Brown - Page 11




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               Petitioner argues that he had an actual and honest objective           
          to realize a profit from his mining activity during the years at            
          issue, so his deductions with respect to his mining activity                
          should not be limited by section 183.  Respondent contends that             
          an analysis of the relevant objective factors reveals that                  
          petitioner lacked a bona fide objective to make a profit.                   
          Applying the Factors                                                        
               1.  The Manner in Which Petitioner Conducted the Activity              
               The fact that a taxpayer carries on the activity in a                  
          businesslike manner and maintains complete and accurate books and           
          records may indicate that the activity is engaged in for profit.            
          Sec. 1.183-2(b)(1), Income Tax Regs.  Generally, if the activity            
          in question is carried on in a manner substantially similar to              
          other activities of the same nature that are profitable, a profit           
          motive may be indicated.  See Sullivan v. Commissioner, T.C.                
          Memo. 1998-367, affd. without published opinion 202 F.3d 264 (5th           
          Cir. 1999); sec. 1.183-2(b)(1), Income Tax Regs.  Gold mining and           
          other similar speculative activities are different from most                
          other business activities because they generally produce no                 
          significant income until a find is made, and then the income is             
          earned in one lump sum.  In Harrison v. Commissioner, T.C. Memo.            
          1996-509, we found that a taxpayer’s contemporaneous handwritten            
          lists of expenses were sufficient records for his gold mining and           








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