- 12 - had begun to implement a plan to improve JJT’s profit-making potential by expanding its undertakings into the production of photography exhibits. By 1995–-the last year in issue–- petitioner was reporting small net profits from his Schedule C activities. In subsequent years, the net profits have increased. Respondent argues that on the basis of the net profits that petitioner has reported for JJT since 1994, it will take an inordinately long while for petitioner to recoup JJT’s past losses. We agree with respondent’s premise that the requisite profit objective must be to “realize a profit on the entire operation, which presupposes not only future net earnings but also sufficient net earnings to recoup the losses which have meanwhile been sustained in the intervening years.” Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967). We are unpersuaded, however, that petitioner’s profitability will be constrained to the levels reported on his tax returns through 1998. To the contrary, petitioner testified credibly that he has a business plan to increase the number of exhibitions he produces each year and to decrease his costs, thus increasing his profits from exhibitions, as well as to earn additional revenues from teaching photography courses and from continuing to offer his prints for sale. Seemingly acknowledging that petitioner’s production of photography exhibitions is a for-profit undertaking, respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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