- 14 - Sec. 1.183-2(b)(3), Income Tax Regs. However, petitioner was employed full-time as a paralegal during the taxable years at issue. Petitioner also owned and operated the Anchor Inn. Petitioner testified that she participated in the horse breeding activity only on weekends. The fact that a taxpayer was able to convert an unprofitable enterprise to a profitable one in the past may indicate that he or she is engaged in the present activity for profit, even though the activity is presently unprofitable. Sec. 1.183-2(b)(5), Income Tax Regs. Petitioner has owned and operated the Anchor Inn since about 1990. During the taxable years 1996 through 1998, petitioner claimed total losses of $62,091 with respect to the Anchor Inn. Petitioner has not demonstrated the ability to convert an unprofitable enterprise to a profitable one. A substantial profit, though only occasional, would generally indicate that an activity is engaged in for profit. Sec. 1.183-2(b)(7), Income Tax Regs. Petitioner earned no profits of any size at any time from her horse breeding activity. The fact that the taxpayer has substantial income from sources other than the activity in question, particularly if the losses from the activity generate substantial tax benefits, may indicate that the activity is not engaged in for profit. Sec. 1.183–2(b)(8), Income Tax Regs. During the taxable years 1996, 1997, and 1998, petitioner reported wage income of $43,454,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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