James Tinnell - Page 21




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          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 in             





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