Warren R. Follum - Page 21




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          profitability may also indicate a profit motive.  Id.  Petitioner           
          testified that he conducted a profit and loss analysis relative             
          to his fishing activity.  However, petitioner failed to produce             
          the analysis at trial.  Petitioner did not produce any fishing              
          activity records at trial and did not maintain a separate                   
          checking account for his fishing activity.  Additionally, there             
          is no evidence of record to reflect that petitioner used records            
          to evaluate or improve the financial aspects of his fishing                 
          activity.  The foregoing suggests that petitioner engaged in his            
          fishing activity for recreational purposes.  See Peacock v.                 
          Commissioner, T.C. Memo. 2002-122.                                          
               A taxpayer’s expertise, research, and study of an activity,            
          as well as his consultation with experts, may be indicative of a            
          profit motive.  Sec. 1.183-2(b)(2), Income Tax Regs.  Although              
          petitioner testified that he consulted with fishing experts,                
          there is no evidence in the record to indicate that petitioner              
          ever researched the expense involved in attempting to win the               
          prizes at fishing tournaments.  There is also no evidence of                
          record to show that petitioner performed any meaningful study of            
          the factors affecting the profitability of tournament fishing.              
          See Peacock v. Commissioner, supra; Hoy v. Commissioner, T.C.               
          Memo. 1991-575.                                                             
               Petitioner also argues that he had been fishing for over 30            
          years and “was considered a very good fisherman.”  However, there           







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