- 14 - years in issue. This fact weighs in favor of respondent. However, because petitioners’ special education activity was in the startup stage, we do not give this factor much weight. See Vitale v. Commissioner, T.C. Memo. 1999-131, affd. 217 F.3d 843 (4th Cir. 2000). 8. The Financial Status of Petitioners Substantial income from sources other than the activity may indicate that the taxpayer is not engaged in the activity for profit, particularly if the losses generate substantial tax benefits. Sec. 1.183-2(b)(8), Income Tax Regs.; Hastings v. Commissioner, supra; Lundquist v. Commissioner, supra. Petitioners reported adjusted gross income of $229,665 and $229,219 in 1999 and 2000, respectively. Petitioners deducted the losses at issue from their taxable income, thus generating substantial tax benefits. These facts weigh in favor of respondent. 9. Elements of Personal Pleasure or Recreation The presence of personal or recreational motives in conducting an activity may indicate that the taxpayer is not conducting the activity for profit. Sec. 1.183-2(b)(9), Income Tax Regs.; Hastings v. Commissioner, supra; Lundquist v. Commissioner, supra. However, the fact that the taxpayer derives personal pleasure from engaging in the activity does not show that the taxpayer lacks a profit objective if the activity is, inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011