- 13 - 2(b)(9), Income Tax Regs. Profit need not be the only objective, however, and personal motives may coexist with an actual and honest intent to derive a profit. Id. Although petitioner was personally interested in these activities, we do not find that personal pleasure or recreation was a primary motive in carrying out these activities. This factor favors petitioners. Conclusion We are convinced that petitioner engaged in certain activities in the mental health field, that he held an interest in and dedication to them, and that he devoted time to these endeavors. However, based on the objective facts in this case, as discussed above in connection with the individual factors, we must conclude that petitioner did not have an actual and honest objective of earning a profit in these activities. Sec. 1.183- 2(a), Income Tax Regs. We therefore sustain respondent’s determination with respect to the mental health services activity and the developmental research activity. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent with respect to the deficiencies and for petitioners with respect to the penalties.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011