- 14 - those tournaments sponsored by B.A.S.S. or FLW Outdoors with the largest prize payouts, petitioner has chosen to limit his possibilities for income to the most prestigious bass fishing competitions. The unfortunate, yet foreseeable, result of this self-imposed limitation is that petitioner has never earned a profit from his bass fishing activity, and there is no indication as to when or whether he will ever attain a profit. A taxpayer’s financial status may imply whether an activity is conducted for profit. Sec. 1.183-2(b)(8), Income Tax Regs. Petitioners reported wage income for taxable year 2001 of $90,757 and $518 in interest income. Substantial income from other sources might indicate a tax incentive for incurring expenditures related to a recreational business. Jackson v. Commissioner, 59 T.C. 312, 317 (1972). While it is unclear that the tournament bass fishing activity was conducted to generate tax savings, petitioners’ income indicates that they possessed sufficient disposable income to sustain such losses each year from the activity and realize tax savings therefrom. Finally, the presence of personal motives may indicate that the activity is not engaged in for profit. Sec. 1.183-2(b)(9), Income Tax Regs. Petitioner’s bass fishing activity has allowed him to devote a substantial portion of his spare time to a hobby he has loved since childhood. Further, the activity has permitted petitioner to test his fishing skills against otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011