Dudley Joseph and Myrna Dupuy Callahan - Page 9

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          an evaluation of all the facts and circumstances in the case,               
          taken as a whole, which is determinative.                                   
               Petitioner did not carry on her writing activity in a                  
          businesslike manner.  Her resume lists bookkeeping and accounting           
          among her business experiences and skills, yet petitioner did not           
          maintain any type of records, books, or accounting method                   
          relating to her writing activity.  At trial she submitted copies            
          of hundreds of checks written in 1989, 1990, and 1991 (over 400             
          checks for 1989 alone).  The various payees included Wal-Mart, K-           
          Mart, Shell, Exxon, Southern Bell, J.C. Penney, Citibank, and               
          various individuals.  A majority of the checks fail to indicate             
          what was purchased or for what purpose the particular expenditure           
          was made.  We find petitioner's "shoebox method" of recordkeeping           
          inconsistent with a business or an activity for profit,                     
          particularly in light of her claim to past bookkeeping and                  
          accounting experience.                                                      
               Petitioner has little expertise or experience as a                     
          professional writer.  She testified that she ghostwrote for a               
          political candidate and has had "many of [her] works from about             
          [her] junior year of high school published in local and other               
          newspapers, unedited."  However, petitioner did not state whether           
          she was remunerated for any of her written work or campaign                 
          ghostwriting, and she did not submit into evidence any of her               
          purportedly published material, except for the items directly in            
          issue in this case.  We are not required to accept petitioner's             




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