Eugene J. Phillips and Barbara A. Phillips - Page 12

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          Dreicer v. Commissioner, supra at 645; sec. 1.183-2(b), Income              
          Tax Regs.  We give greater weight to objective facts than to a              
          taxpayer's statement of intent.  Dreicer v. Commissioner, supra             
          at 645; sec. 1.183-2(a), Income Tax Regs.                                   
               Section 1.183-2(b), Income Tax Regs., contains a                       
          nonexclusive list of objective factors to be considered in                  
          deciding whether an activity is engaged in for profit.  Allen v.            
          Commissioner, 72 T.C. 28, 33 (1979).  The factors are:  (1) The             
          manner in which the taxpayer carries on the activity; (2) the               
          expertise of the taxpayer or the taxpayer's advisers; (3) the               
          time and effort expended by the taxpayer in carrying on the                 
          activity; (4) the expectation that assets used in the activity              
          may appreciate in value; (5) the success of the taxpayer in                 
          carrying on other similar activities; (6) the taxpayer's history            
          of income or loss with respect to the activity; (7) the amount of           
          occasional profits, if any, which are earned; (8) the financial             
          status of the taxpayer; and (9) whether elements of personal                
          pleasure or recreation are involved.                                        
               No single factor is determinative; all facts and                       
          circumstances, including those not listed, should be considered.            
          Abramson v. Commissioner, 86 T.C. 360, 371 (1986); sec. 1.183-              
          2(b), Income Tax Regs.  Moreover, we do not resolve the issue of            
          profit objective by simply comparing the number of factors                  








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