- 33 - 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.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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