- 21 - determinative, and not all factors are applicable in every case. See Allen v. Commissioner, 72 T.C. 28, 34 (1979); sec. 1.183- 2(b), Income Tax Regs. In making our evaluation of the foregoing factors, we may consider evidence from years subsequent to the years in issue “to the extent it may create inferences regarding the existence of a profit motive in the earlier years.” Hillman v. Commissioner, T.C. Memo. 1999-255 (citing Hoyle v. Commissioner, T.C. Memo. 1994-592). “[A]ctual profits or losses in those and subsequent years have probative, although not determinative, significance in such evaluation.” Smith v. Commissioner, T.C. Memo. 1993-140. Petitioner contends that he had a good faith objective to realize a profit from his mining activities during the years at issue and, therefore, his deductions with respect to his mining activities should not be limited by section 183. Respondent argues that an analysis of the relevant objective factors reveals that petitioner lacked a bona fide objective to make a profit. B. Applying the Factors 1. The Manner in Which Petitioner Conducted the Activity In deciding whether a taxpayer has conducted an activity in a businesslike manner, we consider whether complete and accurate books and records were maintained, whether the activity was conducted in a manner substantially similar to other activities of the same nature that were profitable, and whether changes inPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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