- 6 - See Cannon v. Commissioner, 949 F.2d 345, 350 (10th Cir. 1991), affg. T.C. Memo. 1990-148. Petitioners presented no evidence concerning many of the factors contained in the regulations. While petitioner claims that he maintained books and records, he did not produce any records at trial. He could not explain the $16,310 deduction claimed for supplies in 1995, and he could not explain the components of the $22,494 deduction for other expenses in 1996. While people may not normally associate trading in used cars as a recreation, we do recognize that some people do get a certain pleasure from repairing cars. But, what concerns us more is the history of losses. While a person may start out with a bona fide expectation of profit, even if it is unreasonable, there is a time when, in light of the recurring losses, the bona fides of that expectation must cease. See Filios v. Commissioner, 224 F.3d 16 (1st Cir. 2000), affg. T.C. Memo. 1999-92. This is particularly pertinent here where petitioner could not estimate when the activity might become profitable. Moreover, there is nothing in the record to reasonably suggest that the activity, as petitioner operated it during the years in issue, had been, or would ever be, profitable. We are also concerned that there is no evidence that petitioner, despite losses of more than $79,000 from 1993 toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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