- 11 - profit objective. See sec. 1.183-2(b)(9), Income Tax Regs. We previously stated, with respect to this factor: Unquestionably, an enterprise is no less a “business” because the entrepreneur gets satisfaction from his work; * * * however, where the possibility for profit is small (given all the other factors) and the possibility for gratification is substantial, it is clear that the latter possibility constitutes the primary motivation for the activity. * * * [Burger v. Commissioner, T.C. Memo. 1985-523, affd. 809 F.2d 355 (7th Cir. 1987); fn. ref. omitted.] Based on the evidence, we conclude that petitioner did not have a profit objective when he created his installation art exhibits in the front of his residence. Petitioner received only nominal donations that totaled $88.04 from his installation art exhibits, and such donations could not have compensated him for the time or expense involved in creating his artwork. Petitioner did not seek to make a profit from his installation art exhibits, but rather engaged in the artist activity because of the satisfaction, pride, and prestige that it afforded him. In the previous case of Stasewich v. Commissioner, supra, we held that petitioner’s artist activity was not entered into for profit for 1988 through 1991. Petitioner has not made any significant changes in the operation of his artist activity, during the years in issue here, that would create a market or allow him to benefit from a market for his artwork or allow him to make up for his substantial losses. In Stasewich v. Commissioner, supra, we explained our holding in language equally applicable here:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011