- 11 - Since 1994, petitioner has regularly produced photography exhibitions each year. As a consequence, since 1995 JJT has reported net profits each year. Petitioner has devoted a significant amount of time to his Schedule C activity, is a member of numerous professional photography associations, and has exhibited his photography in numerous exhibits, winning numerous awards and critical acclaim for his photographic works. Although petitioner enjoys photography, we do not believe that he was providing bookkeeping and photography services to PSI for amusement, nor do we believe that personal gratification was petitioner’s primary motivation for producing multiple photography exhibitions each year. On balance, we believe that the factors described above outweigh other factors that admittedly suggest the absence of a profit motive. Chief among these contrary factors is JJT’s long history of losses during the 11 years preceding the years in issue, when the only source of revenues for JJT was the billings for its services to PSI--a factor given greater saliency by petitioner’s family and personal ties to PSI.5 As previously discussed, however, by 1993--the first year in issue--petitioner 5 Respondent has not explicitly argued that JJT’s dealings with PSI were not at arm’s length. On brief, respondent alludes to a “degree of suspicion” that PSI’s payments to petitioner were merely gifts but seemingly overcomes this suspicion two sentences later, stating: “It is not disputed that the Petitioner was hired to perform accounting, computer, and ‘imaging’ services for PSI.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011