- 6 - 162 or under paragraph (1) or (2) of section 212. Sec. 183(c). Section 1.183-2(b), Income Tax Regs., provides a non-exhaustive list of 9 factors to consider in the determination of whether an activity is engaged in for profit. These factors are: (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 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 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. Resolution of a taxpayer's profit motive is to be based on all the facts and circumstances surrounding a case. Engdahl v. Commissioner, 72 T.C. 659, 666 (1979). However, in order for the taxpayer to prevail, the facts and circumstances must indicate that the taxpayer entered into, or continued, the activity with an actual and honest objective of making a profit. Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983). Although several of the factors listed in Section 1.183-2(b) favor petitioner, particularly the amount of time invested in his activities and his moderate income level, we nevertheless find that, based on all the facts and circumstances of this case,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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