James Tinnell - Page 35




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          the 8 years prior to trial, petitioner earned revenue on sales of           
          decorative rock in increasing amounts.  Petitioner testified that           
          he continued to generate revenue from sales of decorative rock in           
          2000 and that his gross revenue during the first 2 months of 2000           
          was approximately $55,000, an increase of 200 percent compared to           
          revenue earned in the first 2 months of 1999.  Referencing the              
          “Resource Management Plan” map prepared by and for the BLM that             
          acknowledged the “high mineral potential” on and around                     
          petitioner’s mining claims, petitioner testified that                       
          there is “absolutely” gold and silver on his claims and that he             
          intends to “go back to the gold when the price turns”.                      
               The possibility of a speculative profit becomes less                   
          speculative when a taxpayer shows he actually realized a profit             
          in years subsequent to those at issue.  See Hillman v.                      
          Commissioner, T.C. Memo. 1999-255; Hoyle v. Commissioner, T.C.              
          Memo. 1994-592; Smith v. Commissioner, T.C. Memo. 1993-140                  
          (actual profits or losses in subsequent years have probative,               
          although not determinative, significance).  Here, petitioner’s              
          efforts to generate revenue from the production and sale of                 
          decorative rock are succeeding, as revenue has increased steadily           
          each year, and in 1999 petitioner’s mining activities generated a           
          profit before depreciation.  This factor favors petitioner’s                
          position.                                                                   








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