Tracey L. Topping - Page 17




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          However, petitioner testified and had witnesses corroborate that            
          traditional advertising of a personal service business is not               
          welcomed by the clientele petitioner sought.  Thus, petitioner              
          made a business decision not to advertise conventionally.  The              
          question is not whether a particular mode of doing business is              
          wise, but whether the taxpayer honestly believed the method                 
          employed would turn a profit for him.  In this case, petitioner’s           
          judgment has proven prophetic.  In Dreicer v. Commissioner, 78              
          T.C. 642 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir.             
          1983), we elucidated that the purpose of section 183 is “to allow           
          deductions where the evidence indicates that the activity is                
          actually engaged in for profit even though it might be argued               
          that there is not a reasonable expectation of profit. * * * This            
          is the proper legal standard under section 183.”  Id. at 645.               
               Further, the evidence demonstrates that petitioner                     
          demonstrated good business judgment.  Her equestrian contacts are           
          responsible for more than 90 percent of her client base, and her            
          overall business produced a sizable net profit for all of the               
          years at issue.  Therefore, petitioner has not only demonstrated            
          that she honestly believed that her mode of advertising would               
          turn a profit, but also has proven that it has been successful              
          and that adopting respondent’s suggestion would probably have               
          backfired.                                                                  









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