Frank K. B. Wheeler - Page 20




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          activity; (7) the amount of occasional profits, if any, which are           
          earned; (8) the financial status of the taxpayer; and (9)                   
          elements of personal pleasure or recreation.  No one factor is              
          conclusive, and we do not reach our decision herein by merely               
          counting how many of the nine enumerated factors support each               
          party’s position.  Carter v. Commissioner, 645 F.2d 784, 787 (9th           
          Cir. 1981), affg. T.C. Memo. 1978-202; Dunn v. Commissioner, 70             
          T.C. at 720.  We consider these factors seriatim.                           
          (1) Manner of Carrying on the Activity                                      
               The parties have stipulated the accuracy of petitioner’s               
          Schedule C for each year in issue.  Supra note 2.  Also,                    
          respondent did not determine, and does not assert, that                     
          petitioner omitted to report any receipts from his videotape                
          activity.  From the foregoing, we conclude that petitioner’s                
          books and records, though sparse and relatively informal, were              
          adequate for a trade or business.                                           
               By the end of 1992, petitioner was faced with a record of              
          fluctuating gross receipts which were trending somewhat downward,           
          and losses which were more-or-less consistently increasing.                 
          Supra table 6.  He had spent about $80,000 on equipment.  His               
          reported losses from his videotape activity, including straight-            
          line depreciation, aggregated about $55,000, plus whatever he               
          reported on his 1990 tax return.  Supra table 6, note 2.  His               
          reaction to this state of affairs was to buy another $75,000 of             






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