Thomas W. and Pamela A. Hill - Page 13

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               None of the assets used in petitioner’s bass fishing                   
          activity are likely to appreciate in value, and, for that matter,           
          petitioner did not accumulate any assets with the expectation               
          that they would appreciate in value.  Sec. 1.183-2(b)(4), Income            
          Tax Regs.                                                                   
               A taxpayer’s previous success in other entrepreneurial                 
          activities similar or dissimilar to the activity in question may            
          indicate that a profit objective exists.  Sec. 1.183-2(b)(5),               
          Income Tax Regs.  Petitioner experienced some financial success             
          with Fayette, a school supply company that he formed in 1977 and            
          operated through 1987.  More notable, however, are petitioner’s             
          entrepreneurial activities associated with the bass fishing                 
          activity at issue.  Petitioner completely terminated Sportsman’s            
          Supply, a retailer of sporting goods and fishing tackle, when the           
          entity failed to generate net earnings in its first 2 years of              
          operation.  Similarly, petitioner created a Web site in the hope            
          of enhancing profitability yet abandoned this project when the              
          site did not produce anticipated activity.  Even though                     
          petitioner’s bass fishing activity has never generated net                  
          earnings, he has nevertheless continued the activity since 1997.            
          Given petitioner’s history of promptly ending unprofitable                  
          business ventures, his unwillingness to cease tournament bass               
          fishing, an activity that produced losses exclusively, indicates            
          that the bass fishing activity was not engaged in for profit.               






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