- 17 - proving that petitioner and SMSM engaged in the activity in question with an actual and honest objective of realizing a profit. Hendricks v. Commissioner, 32 F.3d 94, 98 (4th Cir. 1994), affg. T.C. Memo. 1993-396. The parties do not cite section 7491, and no claim is made herein that the burden of proof should be shifted to respondent. Although the section 183 analysis with respect to the activities of an S corporation is applied at the corporate level, a taxpayer’s objective or intent is attributable to his wholly owned S corporation. Ballard v. Commissioner, T.C. Memo. 1996- 68; sec. 1.183-1(f), Income Tax Regs. A profit objective in an earlier year does not give a taxpayer a blank check with regard to losses incurred in later years (i.e., in a later year an activity may be treated as an activity not engaged in for profit even though in an earlier year the activity may have been conducted by the taxpayer with a profit objective). See dicta in Dennis v. Commissioner, T.C. Memo. 1984-4; Daugherty v. Commissioner, T.C. Memo. 1983-188. To determine whether a taxpayer had the requisite profit objective, we consider all of the surrounding facts and circumstances. Keanini v. Commissioner, supra at 46 (citing Lemmen v. Commissioner, 77 T.C. 1326, 1340 (1981)); Golanty v. Commissioner, supra at 426; sec. 1.183-2(a) and (b), Income Tax Regs.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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