- 7 - upon a taxpayer's mere statements of intent. Dreicer v. Commissioner, supra at 645. Nevertheless, there is no requirement that the taxpayer reasonably expect profits from the activity in question. Elliott v. Commissioner, 90 T.C. 960, 970 (1988), affd. without published opinion 899 F.2d 18 (9th Cir. 1990). Section 1.183-2(b), Income Tax Regs., provides nine factors to be considered when determining whether an activity is engaged in for profit. These are: (1) The manner in which the taxpayer carries on the activity; (2) the expertise of the taxpayer or his advisors; (3) the time and effort expended by the taxpayer in carrying on the activity; (4) the expectation that assets used in the activity may appreciate in value; (5) the success of the taxpayer 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 taxpayer; and (9) the elements of personal pleasure or recreation that may be present. No single factor is controlling. Abramson v. Commissioner, 86 T.C. 360, 371 (1986); sec. 1.183- 2(b), Income Tax Regs. We will separately discuss each factor. 1. The Manner in Which Petitioners Carried On the Horse- Breeding Activity Taxpayers who carry on the activity in question in a businesslike manner, and maintain complete and accurate books and records, are more likely to establish that the activities inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011