- 7 - the activity. These factors are not merely a counting device where the number of factors for or against the taxpayer is determinative, but rather all facts and circumstances must be taken into account, and more weight may be given to some factors than to others. Cf. Dunn v. Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980). Not all factors are applicable in every case, and no one factor is controlling. Abramson v. Commissioner, 86 T.C. 360, 371 (1986); Allen v. Commissioner, 72 T.C. 28, 34 (1979); sec. 1.183-2(b), Income Tax. Regs. Petitioner has been playing golf since he was 13 years old and clearly gains personal pleasure in the game. While petitioner participated in numerous tournaments as an amateur golfer, with some success, prior to engaging in his golfing activity in 1991, he never worked in any capacity as a professional golfer. Petitioner appears to have spent a significant amount of time and effort in carrying on his golfing activity. However, this time and effort has been without much success both from a professional and a financial standpoint. To date, petitioner has failed to qualify to participate in any PGA sponsored tournament. Despite his lack of success in qualifying for any tournament, petitioner has only taken four golf lessons to improve his skills since engaging in the activity.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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