Dudley Joseph and Myrna Dupuy Callahan - Page 8

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          relevant facts and circumstances.  Hulter v. Commissioner, supra            
          at 393; Golanty v. Commissioner, 72 T.C. 411, 426 (1979), affd.             
          in an unpublished opinion 647 F.2d 170 (9th Cir. 1981).  The                
          burden of proving such objective is on petitioner.  Rule 142(a);            
          Welch v. Helvering, 290 U.S. 111 (1933).  Greater weight is given           
          to objective facts than to a taxpayer's statement of intent.                
          Beck v. Commissioner, supra at 570; Thomas v. Commissioner, 84              
          T.C. 1244, 1269 (1985), affd. 792 F.2d 1256 (4th Cir. 1986); sec.           
          1.183-2(a), Income Tax Regs.                                                
               Section 1.183-2(b), Income Tax Regs., provides a non-                  
          exclusive list of factors which should be considered in                     
          determining whether an activity is engaged in with the requisite            
          profit objective.  The nine factors are:  (1) The manner in which           
          the taxpayer carries on the activity; (2) the expertise of the              
          taxpayer or his advisors; (3) the time and effort expended by the           
          taxpayer in carrying on the activity; (4) the expectation that              
          the assets used by the taxpayer 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.  No single factor, nor the existence of            
          even a majority of the factors, is controlling, but rather it is            






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