- 19 - objective, especially if there are personal or recreational elements involved. The Browns are not wealthy people. During the years in issue, petitioner reported wages of $34,689 and $42,811, respectively, while Mrs. Brown did not work for compensation. Their only source of income was petitioner’s wages. Although petitioners were able to offset the full amount of the losses from their gold mining activity against Mr. Brown’s wages, the resulting tax benefits to petitioners were not very substantial. This activity was not a tax shelter. This factor favors petitioners. 9. Elements of Personal Pleasure or Recreation The presence of personal or recreational elements in carrying on an activity may indicate that the activity is not engaged in for profit. On the other hand, a profit objective may be indicated where an activity lacks any appeal other than profit. Sec. 1.183-2(b)(9), Income Tax Regs. At trial, no significant testimony or evidence was presented about any personal pleasure or recreational aspects of gold mining that petitioner may have enjoyed. Nearly every week during the years in issue, petitioner sacrificed his entire weekend with his family to travel alone into the deserts of southern California to mine for gold. Family members rarely accompanied him. Also, the risks of injury petitioner faced onPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011