Linda M. Myers - Page 14




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          Success of the Taxpayer in Carrying On Other Similar or                     
          Dissimilar Activities                                                       
               We next examine petitioner’s success in carrying on other              
          similar or dissimilar activities.  If a taxpayer has previously             
          engaged in similar activities and made them profitable, this                
          success may show that the taxpayer has a profit objective, even             
          though the current activity is presently unprofitable.  Sec.                
          1.183-2(b)(5), Income Tax Regs.  A taxpayer’s success in other,             
          unrelated activities also may indicate a profit objective.                  
          Daugherty v. Commissioner, T.C. Memo. 1983-188.  A taxpayer’s               
          success in a different business enterprise may be evidence of a             
          profit objective where the taxpayer relied on diligence,                    
          initiative, foresight, and other qualities that generally lead to           
          success in business activities.  Id.                                        
               Petitioner has shown that she was capable of running a                 
          successful business through her ownership and operation of the              
          trucking business.  Petitioner’s success with the trucking                  
          business indicates that she had the skills to operate a business            
          successfully.  She relied on the same accountant for her gambling           
          activities and relied on her player card to track her winnings.             
          We find this factor favors petitioner.                                      
          Taxpayer’s History of Income or Loss With Respect to the Activity           
               We next examine petitioner’s history of income or loss with            
          respect to the gambling activity.  A history of substantial                 
          losses may indicate that the taxpayer did not conduct the                   
          activity for profit.  Golanty v. Commissioner, 72 T.C. 411, 427             
          (1979), affd. without published opinion 647 F.2d 170 (9th Cir.              





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