- 32 - Pharmaceuticals, Inc., which later became a wholly owned subsidiary of Zila. At the time of trial, Zila had over 200 employees and a market capitalization of approximately $200 million. The cream, which is now called Zylactin, is still on the market as an over-the-counter treatment for herpes, and petitioner has received substantial royalties from his invention. The record demonstrates that petitioner has realized profits from other successful business ventures. This factor favors petitioner’s position. 6. Petitioner’s History of Income or Loss From the Activity A taxpayer’s history of income or loss with respect to any activity may indicate the presence or absence of a profit objective. See Golanty v. Commissioner, 72 T.C. at 426; sec. 1.183-2(b)(6), Income Tax Regs. The magnitude of the activity’s losses in comparison with its revenues is an indication that the taxpayer did not have a profit motive. See Dodge v. Commissioner, T.C. Memo. 1998-89 (citing Burger v. Commissioner, 809 F.2d at 360), affd. without published opinion 188 F.3d 507 (6th Cir. 1999). “[A] series of startup losses or losses sustained because of unforeseen circumstances beyond the control of the taxpayer may not indicate a lack of profit motive.” Kahla v. Commissioner, T.C. Memo. 2000-127 (citing Engdahl v. Commissioner, 72 T.C. at 669; sec. 1.183-2(b)(6), Income Tax Regs.).Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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