Warren R. Follum - Page 24




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          losses would not be an indication that the activity was not                 
          engaged in for profit.  Id.                                                 
               Although the presence of losses in the early years of an               
          activity is not inconsistent with an intention to make a profit,            
          the goal must be to realize a profit on the entire operation, a             
          proposition that presupposes not only future net earnings but               
          also sufficient net earnings to recoup the losses which have                
          been sustained in the intervening years.  Bessenyey v.                      
          Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d               
          Cir. 1967).  Petitioner’s losses for 1990 through 1993 exceed               
          $88,000.  The losses were not the result of unforeseen                      
          circumstances such as a natural disaster.  There is no evidence             
          that petitioner attempted to minimize these losses to break even,           
          let alone recoup past losses.  The record suggests that                     
          petitioner was indifferent to the losses.  See Peacock v.                   
          Commissioner, supra.  This factor weighs against petitioner.                
               The amount and frequency of occasional profits earned from             
          the activity may also indicate a profit objective.  Sec. 1.183-             
          2(b)(7), Income Tax Regs.  Petitioner never reported a profit               
          from his fishing activity.  The occasional revenues generated               
          from the sale of fish during the years in issue were de minimis             
          compared to the expenses and depreciation incurred.  The                    
          occasional profits factor weighs against petitioner.                        








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