Claude D. Mayo, Sr. and Lessie M. Mayo - Page 7




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          While people may not normally associate trading in used cars as a           
          recreation, we do recognize that some people do get a certain               
          pleasure from repairing cars.                                               
               But, what concerns us more is the history of losses.  While            
          a person may start out with a bona fide expectation of profit,              
          even if it is unreasonable, there is a time when, in light of the           
          recurring losses, the bona fides of that expectation must cease.            
          See Filios v. Commissioner, 224 F.3d 16 (1st Cir. 2000), affg.              
          T.C. Memo. 1999-92.  This is particularly pertinent here where              
          petitioner could not estimate when the activity might become                
          profitable.  Moreover, there is nothing in the record to                    
          reasonably suggest that the activity, as petitioner operated it             
          during the years in issue, had been, or would ever be,                      
          profitable.                                                                 
               We are also concerned that there is no evidence that                   
          petitioner, despite losses of more than $79,000 from 1993 to                
          1996, ever sought expert advice concerning the profitability of             
          the venture.  In the same vein there is no evidence that                    
          petitioner altered his method of doing business to cut the stream           
          of losses.  The bottom line is that, whatever this activity was,            
          it was not operated for profit.                                             
               There is one aspect of respondent’s determinations with                
          regard to Mayo’s Auto Sales that we think was erroneous.                    








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