Leonard O. Scales - Page 6

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          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,                





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