Warren R. Follum - Page 23




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          appreciated.  However, petitioner offered no evidence to support            
          this claim.  We conclude that petitioner’s boat appreciation                
          claim lacks credibility.  The record does not establish that a              
          fishing boat is the type of asset that is expected to appreciate            
          over time.  This factor favors respondent.                                  
               The fact that the taxpayer has engaged in similar activities           
          in the past and converted them from unprofitable to profitable              
          enterprises may indicate that he is engaged in the present                  
          activity for profit, even though the activity is presently                  
          unprofitable.  Sec. 1.183-2(b)(5), Income Tax Regs.  Petitioner             
          argues that his architectural business has earned a profit every            
          year.  However, there is nothing in the record to suggest that              
          petitioner’s architectural activities are related to petitioner’s           
          fishing activity.  The similar profitable activities factor                 
          favors respondent.                                                          
               A record of substantial losses over several years may                  
          indicate the absence of a profit motive.  Golanty v.                        
          Commissioner, 72 T.C. 411, 426 (1979), affd. without published              
          opinion 647 F.2d 170 (9th Cir. 1981).  A series of losses during            
          the initial or startup stage of an activity, however, may not               
          necessarily be an indication that the activity is not engaged in            
          for profit.  Sec. 1.183-2(b)(6), Income Tax Regs.  Moreover, if             
          losses are sustained because of unforeseen or fortuitous                    
          circumstances which are beyond the control of the taxpayer, such            







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