- 25 - petitioners ended the activity, show that only losses were carried. This factor favors respondent’s position. (7) The Amount of Occasional Profits, if Any, Which Are Earned. An occasional small profit from an activity that generates otherwise consistently large losses may not be determinative that the activity is conducted for profit, although an occasional substantial profit may indicate a profit objective. Sec. 1.183- 2(b)(7), Income Tax Regs. From 1976 through 1998, at least 22 years of operation, petitioners’ horse breeding activity has never produced a profit. See McKeever v. Commissioner, T.C. Memo. 2000-288. Petitioners failed to prove that they earned a profit from the NAS activity from 1990 through 1994, the year they terminated the activity. However, in reviewing petitioners’ returns in the record, 1992 through 1994, we note that petitioners deducted gross receipts of $4,871, costs of good sold of $7,625, and expenses of $2,639, thus yielding a net loss of $5,393. This factor favors respondent’s position. (8) The Financial Status of The Taxpayer. The lack of substantial income from other sources may indicate a profit objective. Sec. 1.183-2(b)(8), Income Tax Regs. Conversely, substantial income from other activities mayPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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