- 48 - engaged in for profit under section 183 and that, therefore, he properly disallowed BAC’s expenses and recomputed BAC’s income. Petitioner asserts that BAC was operated as a trade or business and that its profit motive is demonstrated by a variety of factors, including BAC’s effect on the increased profitability of petitioner’s related businesses. 1. Activity Not Engaged in for Profit We have already reviewed the relevant law governing our analysis under sections 162 and 183 in connection with our holding regarding petitioner’s deductions of LFI’s losses. We shall not repeat that discussion here. We turn, instead, to our analysis of whether BAC was a trade or business under section 162 or an activity not engaged in for profit under section 183. In support of his argument that BAC engaged in its air transportation activity for profit, petitioner contends that BAC maintained adequate business records, periodically consulted with and relied upon experts to operate the activity and to improve its finances, and regularly increased the per-person fees charged to its customers to improve its cashflow. Respondent contends that BAC was nothing more than a convenient and tax-favorable way for petitioner and his family, friends, and business acquaintances to travel to and from Granot Loma and other vacation sites. Respondent relies primarily upon BAC’s history of substantial losses in each of the years at issue, petitioner’sPage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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