- 18 - On brief, petitioner implies that the relevant inquiry is whether he had the requisite profit objective. As explained earlier, in the partnership context, the determination of profit objective is made at the partnership level. Cannon v. Commissioner, 949 F.2d at 349; Hulter v. Commissioner, 91 T.C. at 393; Brannen v. Commissioner, 78 T.C. at 505. However, the result would be the same even if the profit objective was examined from petitioner’s standpoint. The evidence in the record reflects that petitioner, an experienced investor, did not take the time to do an independent investigation of the assumptions contained in the PPM or otherwise take any action to verify the profitability of the EMS-related activity. The parties stipulated that at the time of his investment in Sav- Fuel, petitioner had no knowledge of the partnership other than the information he obtained from review of the PPM. At trial, petitioner admitted that he did not perform an independent valuation analysis of the EMS until after he learned that respondent had disallowed his claimed deductions. On the basis of petitioner’s failure to undertake these steps, we find it implausible that he had the dominant or primary objective of making a profit. D. Present Value Analysis Although we have already found that Sav-Fuel was not engaged in the EMS-related activity for profit and therefore petitionerPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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