Barry D. and Suzanne B. Whalley - Page 37

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          case.  Keanini v. Commissioner, 94 T.C. 41, 46 (1990); sec.                 
          1.183-2(b), Income Tax Regs.                                                
               Section 1.183-2(b), Income Tax Regs., provides a                       
          nonexclusive list of factors to be considered in determining                
          whether an activity is engaged in for profit.  These factors                
          include:  (1) The manner in which the taxpayers carried on the              
          activity; (2) the expertise of 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.  To aid in             
          our determination, we will consider the factors in the regulation           
          seriatim.                                                                   
               A. Manner of Carrying On the Activity                                  
               Conducting an activity in a businesslike manner may indicate           
          that a taxpayer has the necessary profit objective.  Engdahl v.             




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