Tony L. Zidar and Kathleen I. Zidar - Page 17




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          not the equivalent of the actual and honest objective of earning            
          a profit.”  Riddle v. Commissioner, T.C. Memo. 1994-133.                    
          Moreover, Tony could not earn a substantial profit without                  
          securing large sponsors, which he failed to do.                             
               This factor favors respondent.                                         
               8.   Taxpayer’s Financial Status                                       
               Substantial income from sources other than the activity may            
          indicate the lack of a profit motive, particularly if (1) losses            
          from the activity generate substantial tax benefits, and (2)                
          personal or recreational elements are involved.  Sec. 1.183-                
          2(b)(8), Income Tax Regs.                                                   
               Tony had substantial income from CRC and his commercial real           
          estate ventures.  In 1992, Tony received $50,000 in cash                    
          consideration of his interests in CRC and reported receiving                
          $699,925 from the sale of the joint ventures, as well as wage               
          income of $51,931 from CRC.  As previously discussed, there were            
          strong personal and recreational elements to Tony’s stock car               
          activity.                                                                   
               This factor favors respondent.                                         
               9.   Elements of Personal Pleasure                                     
               Elements of personal pleasure or recreation may signal the             
          absence of a profit motive.  Sec. 1.183-2(b)(9), Income Tax Regs.           
          The evidence clearly shows that Tony enjoyed and obtained                   








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