Ralph Louis Vitale, Jr. - Page 17




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          opinion 702 F.2d 1205 (D.C. Cir. 1983).  Although the taxpayer's            
          expectation of profit need not be reasonable, it must be bona               
          fide, as determined from all the surrounding facts and circum-              
          stances.  See Keanini v. Commissioner, 94 T.C. 41, 46 (1990);               
          Dreicer v. Commissioner, supra at 645.  Thus, whether the                   
          requisite profit motive exists is a factual question that must be           
          determined upon the record, see Benz v. Commissioner, 63 T.C.               
          375, 382 (1974), with more weight given to objective facts than             
          to petitioner's statement of intent.  See Engdahl v. Commis-                
          sioner, 72 T.C. 659, 666 (1979); sec. 1.183-2(a), Income Tax                
          Regs.                                                                       
               The Treasury regulations list nine factors as an aid in                
          making the profit objective determination.  They include:                   
          (1) The manner in which the taxpayer carried on the activity;               
          (2) the expertise of the taxpayer or his advisers; (3) the time             
          and effort expended by the taxpayer in carrying on the activity;            
          (4) the expectation that the assets used in the activity may                
          appreciate in value; (5) the success of the taxpayer in carrying            
          on other similar or dissimilar activities; (6) the taxpayer's               
          history of income or loss with respect to the activity; (7) the             
          amount of occasional profits that are earned; (8) the financial             
          status of the taxpayer; and (9) whether elements of personal                
          pleasure or recreation are involved.  No one factor is conclu-              
          sive, and we do not reach our decision herein by merely counting            






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