Dora Margaret Benson - Page 9




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              Petitioner also failed to develop a budget or a business                
         plan for any of her activities.  Although budgets and business               
         plans are not required, a lack of information upon which to make             
         educated business decisions tends to belie a taxpayer’s                      
         contentions that an activity was pursued with the objective of               
         making a profit.  Dodge v. Commissioner, T.C. Memo. 1998-89,                 
         affd. without published opinion 188 F.3d 507 (6th Cir. 1999).                
              A taxpayer’s history of income or losses with respect to the            
         activity can also indicate whether a profit objective was                    
         present.  Sec. 1.183-2(b)(6), Income Tax Regs.  Here, petitioner             
         reported only losses from the activities and never made a profit             
         from any of them.                                                            
              Using the same analytic framework set out in the                        
         regulations, it is clear that the Lila Osborne Memorial building             
         was not held with a profit objective; petitioner did not charge              
         admission, nor did she charge her brothers rent for their use of             
         space in the building.  She had no tenants.  Only two of the                 
         rooms were used for activities that might generate income.                   
         Similarly, it is clear that the free reading room and free                   
         spiritual counseling were offered to the public with no profit               
         objective.  Therefore, we focus the rest of our discussion on the            
         mortgage and reflexology services offered by petitioner.                     










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