Hugh T. Brown, Jr., and Kristi L. Brown - Page 16




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          industry and also installed street utilities.  In 1991,                     
          petitioner terminated Brown Construction and obtained employment            
          as a field engineer at another company.  Petitioner attributed              
          the short life of his business to the weak economy of the early             
          1990s.  In 1995, petitioner started a second activity, Brown                
          Enterprises, the gold mining activity at issue.                             
               Petitioner’s unsuccessful business experience is not                   
          particularly helpful to us in determining whether petitioner                
          engaged in gold mining for profit.  The two activities were                 
          fundamentally different.  Brown Construction provided consulting            
          services to the mining industry and the installation of utilities           
          in streets, employing at any given time up to 25 people.  Brown             
          Enterprises, on the other hand, had no employees; its entire                
          operation consisted of petitioner’s prospecting for gold in the             
          desert.  We conclude that this factor is neutral or slightly                
          negative for petitioners, since petitioner’s sole venture in                
          business for himself, although very different from the gold                 
          mining activity, was not a success.                                         
               6.  Petitioners’ History of Income or Loss From the                    
               Activity                                                               
               A series of losses during the initial or startup stage of an           
          activity may not necessarily be an indication that the activity             
          is not engaged in for profit.  However, where losses continue to            
          be sustained beyond the period which customarily is necessary to            
          bring the operation to profitable status, such continued losses,            





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