-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-partyPage: 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