William C. and Dorothy M. Smith - Page 20




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               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.              







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