N. Joseph Calarco - Page 14

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          that an absence of substantial income to the taxpayer from other            
          sources may indicate a profit motive, while the presence of other           
          substantial income may indicate a lack of profit motive.  This is           
          particularly true if the activity has personal or recreational              
          elements.  This factor does weigh against petitioner, as his                
          primary income is from his teaching position, and allowing his              
          playwriting deductions would largely offset his teaching wages.             
               The ninth factor is whether there are elements of personal             
          pleasure or recreation present in the activity.  Sec. 1.183-                
          2(b)(9), Income Tax Regs.  Clearly playwriting is something                 
          petitioner enjoys.  Nevertheless, pleasure is not irreconcilable            
          with a profit motive.  Schwartz v. Commissioner, T.C. Memo. 2003-           
          86.                                                                         
               Considering these factors together, we find that petitioner            
          has carried on his playwriting with the objective of making a               
          profit: both the documentary and testimonial evidence show                  
          petitioner’s goal was not merely posthumous renown but profit in            
          the here-and-now.  Section 183 does not therefore limit his                 
          deductions.  Professor Calarco is a playwright, not a pisher.               
          See Kozinski & Volokh, supra, 103 Yale L.J. at 465 n.14.                    
          B. Has Petitioner Substantiated His Expenses?                               
               All taxpayers, even playwrights, are allowed to deduct the             
          ordinary trade or business expenses they incur during the year.             
          Sec. 162(a).  But this often leads to temptation.  Our                      






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