James Tinnell - Page 33




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               In this case, petitioner’s losses in comparison with his               
          revenues are substantial.  From 1980 through 1991, petitioner did           
          not report any income from his mining activities, and from 1989             
          through 1991, petitioner reported $723,656 in net losses.  From             
          1992 through 1999, petitioner reported a total of $537,800 in               
          revenue and $3,347,724 in losses.                                           
               This factor favors respondent’s position.                              
                    7.  The Amount of Occasional Profits Generated                    
                    by the Activity                                                   
               The amount of profits earned in relation to the amount of              
          losses incurred, the amount of the investment, and the value of             
          the assets in use may indicate a profit objective.  See sec.                
          1.183-2(b)(7), Income Tax Regs.  Profit means economic profit,              
          independent of tax savings.  See Drobny v. Commissioner, 86 T.C.            
          1326, 1341 (1986); Seaman v. Commissioner, 84 T.C. 564, 588                 
          (1985).                                                                     
               Petitioner conceded on brief that he did not realize any               
          economic profit until 1999 and only began generating “meaningful            
          revenue” in 1997.22  Petitioner contends, however, that section             
          1.183-2(b)(7), Income Tax Regs., best describes his mining                  



               22During the years at issue in this case, petitioner                   
          reported over $1.6 million in costs and expenses related to his             
          mining activities and only $2,800 of revenue.  In the subsequent            
          5 years, however, petitioner reported $535,000 in revenue and               
          approximately $2.2 million in costs and expenses.  In 1999,                 
          petitioner’s revenue of $373,566 surpassed his operating costs              
          and expenses of $322,328, exclusive of depreciation.                        





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