- 6 - the taxpayers or their advisers; (3) the time and effort expended by the taxpayers in carrying on the activity; (4) the expectation that the assets used in the activity may appreciate in value; (5) the success of the taxpayers 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 taxpayers; and (9) any elements indicating personal pleasure or recreation. Although these factors are helpful in ascertaining a taxpayer's objective in engaging in the activity, no single factor, nor the existence of even a majority of the factors, is controlling; rather, the facts and circumstances of the case remain the primary test. Keanini v. Commissioner, supra at 47. As pointed out in our underlying opinion, petitioners did not show a profit for any of the years at issue and sustained losses from their cattle-raising activity over a 14-year period. Also, petitioner husband had substantial income from his job in the natural gas industry. Under the foregoing legal principles, those and other facts of record were indicative of an activity not engaged in for profit. Petitioners presented other, persuasive evidence at trial that indicated that the activity was engaged in for profit. After analyzing all of the facts and circumstances of the case, we concluded that petitioners did have the requisite profit objective.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011