- 20 - 4. The Expectation That Assets Would Appreciate in Value The expectation that assets used in the activity will eventually appreciate over time may indicate a profit motive. Sec. 1.183-2(b)(4), Income Tax Regs. No appreciating assets were devoted to Mrs. Smith’s activities. This factor is neutral. 5. The Taxpayer’s Success in Carrying On Other Activities The fact that a taxpayer previously operated similar activities profitably may show that the taxpayer has a profit objective. Sec. 1.183-2(b)(5), Income Tax Regs. Far from success, in the 2 years preceding the years at issue Mrs. Smith’s direct marketing activities resulted in losses of $34,049 for 1998 and $47,493 for 1999. This factor favors respondent. 6. The Taxpayer’s History of Income and Loss A history of substantial losses may indicate that the taxpayer did not conduct the activity for profit. Golanty v. Commissioner, 72 T.C. at 427; sec. 1.183-2(b)(6), Income Tax Regs. Losses sustained in the initial stage of an activity, however, do not necessarily indicate that an activity was not conducted for profit. Engdahl v. Commissioner, 72 T.C. at 669. Of course, a series of years where net income is realized would be strong evidence that an activity is engaged in for profit. Sec. 1.183-2(b)(6), Income Tax Regs. In the years at issue, 2000, 2001, and 2002, Mrs. Smith recorded losses of $26,856, $34,155, and $17,256 respectively.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 10, 2007