- 14 - 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. Sec. 1.183-2(b), Income Tax Regs. While the taxpayer's expectation of profit need not be reasonable, the facts and circumstances must demonstrate that the taxpayer engaged in the activity, or continued to engage in the activity, with an objective of making a profit. 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 facts than to the taxpayer's mere statement of intent. Sec. 1.183-2(a), Income Tax Regs. Although no one factor is conclusive, evidence that a taxpayer did not engage in an activity with the objective to earn a profit, a record of substantial losses over many years, and the unlikelihood of achieving a profit are important factors bearing on the taxpayer's true objective. Golanty v. Commissioner, supra at 426; sec. 1.183-2(b)(6), Income Tax Regs. Petitioners have the burden of proof on this issue. Rule 142(a). Petitioners argue, among other things, that they conducted their horse breeding and horse racing activities in a businesslike manner, that they made appropriate adjustments to the manner in which they operated both activities, and that theyPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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