James M. Goforth and Brenda Goforth - Page 8




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          (6) the taxpayer's history of income or losses 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.  See sec.          
          1.183-2(b), Income Tax Regs.                                                 
               The taxpayer's expectation of profit need not be reasonable.            
          See Golanty v. Commissioner, 72 T.C. 411, 425-426 (1979), affd.              
          without published opinion 647 F.2d 170 (9th Cir. 1981); Allen v.             
          Commissioner, supra at 33; sec. 1.183-2(a), Income Tax Regs.  In             
          determining whether an activity is engaged in for profit, greater            
          weight is given to objective factors than to a taxpayer's mere               
          statement of intent.  See sec. 1.183-2(a), Income Tax Regs.                  
               Although no one factor is conclusive, a record of                       
          substantial losses over many years and the unlikelihood of                   
          achieving a profit are important factors bearing on the                      
          taxpayer's objective.  See Golanty v. Commissioner, supra at 426;            
          sec. 1.183-2(b)(6), Income Tax Regs.  Petitioners have the burden            
          of proof on this issue.  See Rule 142(a).                                    
               During, before, and after the years in issue, the limited               
          time petitioners spent working with the cattle on the ranch and              
          in the ranch activity is consistent with a hobby, not with a                 
          legitimate for-profit activity.  Petitioner’s use of his and                 
          his wife’s personal checking account to pay ranch expenses and               
          the lack of a written business plan, a ledger, and a budget for              






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