3theleastofus
Maurice B Foley 360x1000
Thomas Piketty3 360x1000
lifeinmiddlemarch2
1defense
499
LillianFaderman
Margaret Fuller2 360x1000
Mary Ann Evans 360x1000
George F Wil...360x1000
2transadentilist
storyparadox3
2falsewitness
8albion'
Gilgamesh 360x1000
7confidencegames
1falsewitness
5confidencegames
Lafayette and Jefferson 360x1000
199
2paradise
14albion
Margaret Fuller1 360x1000
Betty Friedan 360x1000
Learned Hand 360x1000
13albion
1paradide
Margaret Fuller 360x1000
Susie King Taylor 360x1000
12albion
2gucci
5albion
2albion
Office of Chief Counsel 360x1000
2confidencegames
Thomas Piketty2 360x1000
Mark V Holmes 360x1000
1transcendentalist
Adam Gopnik 360x1000
Margaret Fuller4 360x1000
Richard Posner 360x1000
Ruth Bader Ginsburg 360x1000
Storyparadox1
4albion
Brendan Beehan 360x1000
Spottswood William Robinson 360x1000
2lookingforthegoodwar
1gucci
2lafayette
Tad Friend 360x1000
Margaret Fuller 2 360x1000
3defense
1lafayette
Susie King Taylor2 360x1000
Margaret Fuller3 360x1000
1albion
1lauber
9albion
3confidencegames
10abion
11albion
lifeinmiddlemarch1
1empireofpain
3paradise
1trap
2trap
7albion
2jesusandjohnwayne
1madoff
Maria Popova 360x1000
4confidencegames
11632
AlexRosenberg
2theleastofus
6confidencegames
Anthony McCann2 360x1000
Stormy Daniels 360x1000
299
1theleasofus
399
James Gould Cozzens 360x1000
1confidencegames
1jesusandjohnwayne
Thomas Piketty1 360x1000
3albion
Margaret Fuller5 360x1000
Samuel Johnson 360x1000
6albion
2defense
storyparadox2
1lookingforthegoodwar
Edmund Burke 360x1000
George M Cohan and Lerarned Hand 360x1000
Anthony McCann1 360x1000

I’ve been tracking hobby losses for some time now.  Here’s a new one – historical research.  That was what brought Sal Westrich into Tax Court.   Sal Westrich was a history professor at Pratt Institute in Brooklyn.  He had a very long career, beginning in 1959.  He became eligible for retirement in 2000, but decided to go on a half time basis.  Apparently he is still there.  What to do with all that free time?

The subject matter of petitioner’s research and writing activity was “French”, and he frequently traveled to France in connection therewith. Petitioner initially focused on writing plays. One of his plays was produced in 2004, and another had a public reading. However, petitioner did not realize any income from these plays or any other plays he wrote. At some point petitioner decided he had been “overly optimistic” regarding the potential success of writing plays and switched to writing historical studies. However, as with the plays, petitioner did not realize any income from the historical studies. Petitioner did not consult with any accounting or financial advisers regarding his research and writing activity.

That comment about not consulting any financial advisers is a clue that the case is not going to go well.  For the life of me, I don’t know what the Tax Court is suggesting there.  Somewhere out there are financial and accounting advisers who can help you figure out how to make money from writing and research? Those advisers are not advertising very well.  I don’t know of a single tax blogger who has given up his or her day job.  I know one tax blogger, very well, whose day job gave him up, but that’s a different story.  You’d think those accounting advisers would start with their tax blogging brothers and sisters, before going after history professors.  At any rate, Professor Westrich, who represented himself, described his expenses as follows:

For 2000 through 2008 petitioner attached Schedules C to his Federal income tax returns, which stated his principal business was “research-writer”. Petitioner reported losses each year and never reported any business gross receipts or income. All of the losses related to expenses for petitioner’s trips to France. Petitioner characterized the expenses as “basically * * * living expenses.” The expenses included renting a house in France and hiring a typist, a driver, and someone to clean the house. Petitioner did not maintain any books or records of these expenses.

There was no revenue.  Losses were just over $50,000 in 2007 and almost $40,000 in 2008.
The Tax Court was pretty tough on him:

Petitioner did not introduce any evidence of a business plan. He did not maintain any financial books or ledgers for his research and writing activity. Furthermore, petitioner commingled the financial affairs of his research and writing activity with his personal finances. This commingling of personal and activity funds is not indicative of businesslike practices.
Perhaps the most important indication of whether an activity is being performed in a businesslike manner is whether the taxpayer implements methods for controlling losses, including efforts to reduce expenses and generate income.
Petitioner alleges that he stopped writing plays and started writing historical studies in an attempt to improve profitability. However, petitioner did not produce any evidence demonstrating that he made a careful and thorough investigation of the potential profitability of this change before making it.

Professor Westrich was able to point to a publishing success that might make his years of research profitable.  Unfortunately, the Tax Court did not think that writing “The Wines of New Jersey” required annual trips to France for nearly a decade.  When I think New Jersey and wine, the thing that pops into my mine is Boone Farm Wine.  That was one of the favorite wines in Fairview in the early seventies.  It was really good after a couple of joints – that’s what I was told by some people anyway.  Apparently, the Garden State has a strong viticulture tradition which Professor Westrich documents.  Who knew?
You can follow me on twitter @peterreillycpa.