Leonard Rabinowitz and M. Carole Rabinowitz - Page 29

                                         -29-                                          
          activity for profit.  Golanty v. Commissioner, 72 T.C. 411, 427              
          (1979), affd. without published opinion 647 F.2d 170 (9th Cir.               
          1981); sec. 1.183-2(b)(6), Income Tax Regs.  Losses during the               
          initial or startup stage of an activity do not necessarily                   
          indicate, however, that the taxpayer did not conduct the activity            
          for profit, but losses that continue to be sustained beyond the              
          period that customarily is necessary to bring the operation to               
          profitable status may indicate the taxpayer did not engage in the            
          activity for profit.  Engdahl v. Commissioner, 72 T.C. at 668;               
          sec. 1.183-2(b)(6), Income Tax Regs.  Losses due to unforeseen               
          circumstances beyond the taxpayer’s control do not negate that               
          the taxpayer engaged in the activity for profit.  Sec. 1.183-                
          2(b)(6), Income Tax Regs.                                                    
               Petitioners sustained losses from the jet charter activity              
          each year from 1985 through 1997.  Petitioners’ losses during the            
          early years of their operation could be attributed to a startup              
          phase of the activity, but the losses continued for 12 years.                
               Petitioners’ losses with respect to the jet charter activity            
          generally decreased, however, almost every year during the                   
          relevant years.  Further, petitioners’ net cash flow with respect            
          to the jet charter activity, although negative for each of the               
          relevant years, showed a general trend of increasing.  Mr.                   
          Rabinowitz also testified that the unforeseen safety problems                
          with the Falcon during the relevant years and the resulting                  
          negative publicity hampered BHJ’s ability to obtain third-party              






Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011