- 4 - 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 keptPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011