Leonard Rabinowitz and M. Carole Rabinowitz - Page 27

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               4.   The Expectation That the Assets Used in the Activity               
                    May Appreciate in Value                                            
               We next examine the expectation that the assets used in the             
          jet charter activity may appreciate in value.  A taxpayer may                
          intend, despite the lack of profit from current operations, that             
          an overall profit will result when appreciation in the value of              
          assets used in the activity is realized.  Bessenyey v.                       
          Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d                
          Cir. 1967); sec. 1.183-2(b)(4), Income Tax Regs.                             
               Neither petitioner testified that he or she expected the                
          Falcon to appreciate in value, and, in fact, petitioners                     
          ultimately sold the Falcon for less than the price at which they             
          had purchased it.  Although Mr. Rabinowitz did suggest that the              
          negative publicity regarding the safety of the Falcon depressed              
          the value of the aircraft, petitioners did not indicate that they            
          expected the Falcon to appreciate in value, nor that they                    
          considered the possibility that the jet might appreciate in value            
          when they decided to begin the jet charter activity.  This factor            
          therefore does not support petitioners’ contention that they                 
          operated the jet charter activity for profit.                                
               5.   The Success of the Taxpayer in Carrying On Other                   
                    Similar or Dissimilar Activities                                   
               We next examine the success of petitioners in carrying on               
          other similar or dissimilar activities.  If a taxpayer has                   
          previously engaged in similar activities and made them                       
          profitable, this success may show that the taxpayer has a profit             
          objective, even though the current activity is presently                     





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