Darryl F. Royster - Page 21




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          published opinion 211 F.3d 600 (11th Cir. 2000); sec. 1.183-                
          2(b)(5), Income Tax Regs.  Although petitioner has a long history           
          of playing basketball and working as a game referee, he had not             
          previously engaged in operating a basketball team.  Accordingly,            
          we view this factor as neutral.                                             
          History of Income or Losses With Respect to the Activity                    
               A series of losses during the initial or startup stage of an           
          activity may not necessarily be an indication that the activity             
          is not engaged in for profit.  Losses that extend beyond the                
          customary startup stage may indicate that the activity is not               
          engaged in for profit.  Engdahl v. Commissioner, supra at 669;              
          sec. 1.183-2(b)(6), Income Tax Regs.                                        
               From 1998 through 2002, petitioner reported Schedule C                 
          losses totaling $106,562.   Petitioner has never reported a                 
          profit for RBS.  Petitioner argues that the history of RBS losses           
          prior to and during the taxable years at issue does not indicate            
          that he lacked a profit objective because his activity was in its           
          startup phase.                                                              
               Petitioner operated RBS for 2 years prior to 2000, the first           
          taxable year at issue.  Petitioner reported losses on his                   
          Schedules C for 1998 and 1999 of $16,000 and $20,000.                       
          Petitioner’s losses thereafter either remained steady or                    
          increased in all of the years in issue.  Petitioner has never               
          reported a profit for RBS.  While petitioner is correct in his              







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