Hugh T. Brown, Jr., and Kristi L. Brown - Page 19




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          that if a significant amount of gold were found, the return would           
          be so great that any past accumulated expenses would be recouped            
          and a substantial profit would be realized.  See sec. 1.183-2(a),           
          Income Tax Regs. (“it may be found that an investor in a wildcat            
          oil well who incurs very substantial expenditures is in the                 
          venture for profit even though the expectation of a profit might            
          be considered unreasonable.”)                                               
               The possibility of a speculative profit becomes less                   
          speculative when a taxpayer shows he actually realized a profit             
          in years subsequent to those at issue.  See Hillman v.                      
          Commissioner, T.C. Memo. 1999-255; Hoyle v. Commissioner, T.C.              
          Memo. 1994-592.  Here, petitioner’s efforts to bring his gold               
          mining activity to profitability were succeeding; his net losses            
          from Brown Enterprises decreased each year until 2000, when he              
          reported a small profit.  His uninterrupted path to profitability           
          supports the conclusion that he had a bona fide profit objective            
          during the years in issue.                                                  
               8.  Petitioners’ Financial Status                                      
               The fact that the taxpayer does not have substantial income            
          or capital from sources other than the activity in question may             
          indicate that the activity is engaged in for profit.  Sec. 1.183-           
          2(b)(8), Income Tax Regs.  Substantial income from sources other            
          than the activity (particularly if the losses from the activity             
          generate substantial tax benefits) may indicate a lack of profit            






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