Robert J. and Sylvia Deward - Page 9




                                        - 8 -                                         
          more than 4 years after the taxable year in issue and cannot be             
          considered evidence of Mr. Deward’s being in the active trade or            
          business of an author in 2001.                                              
               Respondent notes that unless petitioners show that Mr.                 
          Deward was actively engaged in the business of being an author              
          for profit, his expenses will be disallowed under section 183.              
          However, respondent cites Goldman v. Commissioner, T.C. Memo.               
          1990-8, for the proposition that whether Mr. Deward had a profit            
          objective is of little relevance if he did no more than prepare             
          to begin the business of being an author.  In Goldman, the                  
          taxpayer worked 15 to 20 hours per week in the process of making            
          a documentary film.  However, at the time of the trial, the                 
          taxpayer estimated it would take another 1-1/2 to 2 years to                
          complete the film, which he could not sell until it was                     
          completed.  For the year at issue in that case, the taxpayer had            
          reported a loss attributable to his filming activities.  This               
          Court held that even if the taxpayer were found to have the                 
          requisite profit objective, we would sustain the Commissioner’s             
          contention that the taxpayer was “merely preparing to enter the             
          trade or business of producing and marketing films.”                        
               Mr. Deward’s situation is similar to that of the taxpayer in           
          Goldman.  Whether or not he had a profit motive, Mr. Deward has             
          failed to establish that he did anything more in 2001 than                  
          research for the book that he intends to write about WWI.  The              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 10, 2007