- 14 - 360, 371 (1986); Allen v. Commissioner, 72 T.C. at 34; sec. 1.183-2(b), Income Tax Regs. No one factor nor a majority of the factors is determinative, and we do not reach our decision by merely counting the factors that support each party's position. Taube v. Commissioner, supra at 480; Dunn v. Commissioner, 70 T.C. at 720. Keeping in mind these factors, we review various aspects of petitioner's activity. Petitioner had no design plans drawn or otherwise reproduced, no patent, no mold for the production of copies of the J car, and no records of the production expenses or of his marketing activities or expenses. Other than his own extensive reading on the production of automobiles, petitioner had no background in the design and construction of an experimental automobile. Petitioner consulted no experts on design, manufacturing, or marketing. We cannot assume that the auto shop mechanics, experienced in automobile alignments, had expertise in the design and development of a car such as the one at issue. The unique feature of the J car, its purported fuel efficiency of 116.7 miles per gallon, has never been certified or otherwise verified; the J car has been driven only 5 miles, from the auto shop to petitioner's home. Petitioner's marketing activities were minimal at best. He ran radio advertisements only where they could be obtained on a per-inquiry basis, a strangely miserly decision when he termed the expense of $3,500 for a body mold "not a big expense". ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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