Legal Opinion

Howell v. Commissioner

United States Tax Court

Decided October 4, 1963No. Docket No. 86581PublishedCited by 1 opinion

Partnership loss claimed by petitioner held, on the facts, not to have been incurred in a business or transaction entered into for profit and hence not deductible under section 165, I.R.C. 1954.

1Opinion of the Court

OPINION

Opper, Judge:

It may ordinarily be reasonable to assume that businessmen do not undertake a commercial venture except for the purpose of making a profit. In such a situation, although they may exercise bad judgment so that the prospects of a profitable operation are negligible or even absent, that alone would be an inadequate criterion for determining the taxpayer’s purpose. Samuel Riker, Jr., Executor, 6 B.T.A. 890 (1927); James Otis, 7 B.T.A. 882 (1927). The mere fact that a person invests his time or money, or both, may, without more, tend to show that it was his purpose to succeed…

2Cases cited4 opinions

  1. Henry P. White and Estate of Nancy A. White, Deceased, T. Leo Sullivan, Administrator, C.T.A. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1955
  2. Morton v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
  3. Ewing v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1954
  4. George T. McLean and Amelia G. McLean v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1961

3Cited by1 opinion

  1. Howell v. CommissionerUnited States Tax Court · 1963

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API