- 9 - like activity. The marketing of art--because it may take the form of gallery shows and sales--is more readily visible than the marketing of drama or musical theater; nevertheless, a parallel exists between the marketing of sculpture in Churchman and petitioner’s strenuous efforts to get his various plays produced. For example, the petitioner had a play read in Lincoln Center as early as 1990. In 1997--the year at issue--he was almost completely unsuccessful in marketing his work. But, in a real- life peripeteia, his long-developing play “Beethoven is . . . .” won first-prize (from among hundreds of entries) in a National New Play Competition sponsored by Humboldt State University. This won the play a production at the university, and entitled petitioner to a two-week residency including travel and a $1,000 royalty. He also received various administrative benefits from Wayne State (including a sabbatical) that both recognized and furthered his playwriting. He traveled to get his play before audiences both in full performance and for readings. He also worked at adapting “Beethoven is . . . .” into a screenplay, as well as creating a stage version suited to smaller theaters. He kept records of many of his various expenses, such as travel logs and receipts.15 Thus, we find that petitioner did in fact carry 15 We look to those successes and activities from later years as part of the examination of “all facts and circumstances” required by Sec. 1.183-2(b), Income Tax Regs. Cf. Regan v. Commissioner,T.C. Memo. 1979-340.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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