Anthony Ranciato and Lucille Ranciato - Page 4

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          expectation that assets used in the activity may appreciate in              
          value; (5) the success of the taxpayer in carrying on similar or            
          dissimilar activities; (6) the taxpayer's history of income or              
          losses in the activity; (7) the amount of occasional profits, if            
          any, that are earned; (8) the financial status of the taxpayer;             
          and (9) the elements of personal pleasure or recreation.                    
          Sec. 1.183-2(b), Income Tax Regs.  None of these factors is                 
          dispositive, in and of itself, and a decision does not rest on              
          the number of factors satisfied.  Golanty v. Commissioner,                  
          supra at 426; sec. 1.183-2(b), Income Tax Regs.  We assess these            
          factors with the aid of common sense, bearing in mind how the               
          relevant statutory scheme was meant to apply to the facts at                
          hand.  Ranciato v. Commissioner, 52 F.3d at 25-26.                          
               We turn to the nine factors, discussing them one at a time.            
          We also discuss other considerations that we find to be relevant            
          in reaching our holding herein.                                             
               1.  Manner in Which the Activity Is Conducted                          
               We consider the manner in which petitioner conducted his               
          store.  Sec. 1.183-2(b)(1), Income Tax Regs.  Objective facts               
          showing that a taxpayer carries on an activity in a businesslike            
          manner are indicative of a profit intent.                                   
               In several respects petitioner did not conduct his store in            
          a businesslike fashion.  He was responsible for keeping the                 
          store’s records, but they were haphazard and incomplete.  He kept           






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