Linda M. Myers - Page 15




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          1981); sec. 1.183-2(b)(6), Income Tax Regs.  Losses during the              
          initial or startup stage of an activity do not necessarily                  
          indicate, however, that the taxpayer did not conduct the activity           
          for profit, but losses that continue to be sustained beyond the             
          period that is customarily necessary to bring the operation to              
          profitable status may indicate the taxpayer did not engage in the           
          activity for profit.  Engdahl v. Commissioner, 72 T.C. at 668;              
          sec. 1.183-2(b)(6), Income Tax Regs.  Abandoning an activity                
          after indications that the activity will be unprofitable                    
          signifies that the taxpayer engaged in the activity for profit.             
          Canale v. Commissioner, T.C. Memo. 1989-619.                                
               Petitioner has not shown a profit from her gambling activity           
          for the 3 years before and the year after the year at issue.                
          Petitioner persisted in the activity despite the ongoing pattern            
          of losses, although she did change her strategy to some extent.             
          This factor favors respondent.                                              
          Amount of Occasional Profits, If Any, Which Are Earned                      
               We next consider the amounts of occasional profits, if any,            
          that petitioner earned.  Occasional profits the taxpayer earned             
          from the activity, in relation to the amount of losses incurred,            
          the amount of the taxpayer’s investment, and the value of the               
          assets used in the activity provide useful criteria in                      
          determining the taxpayer’s intent.  Sec. 1.183-2(b)(7), Income              
          Tax Regs.  A practical possibility that a taxpayer could earn               
          enough money in a year to exceed expenses also can indicate a               







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