- 16 - affg. 84 T.C. 1244 (1985); Carter v. Commissioner, 645 F.2d 784, 787 (9th Cir. 1981), affg. T.C. Memo. 1978-202; Cooper v. Commissioner, 88 T.C. 84, 107-109 (1987); Seaman v. Commissioner, 84 T.C. 564, 589 (1985); Gestrich v. Commissioner, 74 T.C. 525, 529 (1980), affd. without published opinion 681 F.2d 805 (3d Cir. 1982); Engdahl v. Commissioner, 72 T.C. 659, 666 (1979); Churchman v. Commissioner, 68 T.C. 696, 702 (1977); Eppler v. Commissioner, 58 T.C. 691, 699 (1972), affd. without published opinion 486 F.2d 1406 (7th Cir. 1973); Purdy v. Commissioner, 12 T.C. 888, 892 (1949); sec. 1.183-2(b), Income Tax Regs. No one factor is controlling. Dunn v. Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980). While the focus of the test is on the subjective intention of the taxpayer, greater weight is given to the objective facts than to the taxpayer's mere statement of his or her intent. Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd. without published opinion 702 F.2d 1205 (D.C. Cir. 1983); sec. 1.183-2(a), Income Tax Regs. We find the following facts to be significant in our determination of whether petitioner had a profit motive: (1) Petitioner failed to carry on the activity in a businesslike manner; (2) petitioner did not maintain adequate books and records for his real estate activity or account to Ms. Choe for any amounts spent to improve her properties; (3) petitioner had no income from the activity (petitioner testified that he made no profit on the sale of the 11031 Burnet property, and he neverPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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