- 7 - individual is engaged in an activity for the production or collection of income or for the management, conservation, or maintenance of property held for the production of income under section 212, is whether the individual is engaged in the activity with the predominant purpose and intention of making a profit. Nickeson v. Commissioner, 962 F.2d 973, 976 (10th Cir. 1992), affg. Brock v. Commissioner, T.C. Memo. 1989-641; Allen v. Commissioner, 72 T.C. 28, 33 (1979). While the taxpayer's expectation need not be reasonable, it must be a good-faith expectation. Allen v. Commissioner, supra at 33. In resolving the factual question of the taxpayer's intent, greater weight is given to the objective facts than to the taxpayer's statements of intention. Thomas v. Commissioner, 84 T.C. 1244, 1269 (1985), affd. 792 F.2d 1256 (4th Cir. 1986). Section 1.183-2(b), Income Tax Regs., sets forth a nonexclusive list of nine factors to be used to determine whether an activity is engaged in for profit. The factors are: (1) The manner in which the taxpayer carries on the activity; (2) the expertise of the taxpayer or his advisers; (3) the time and effort expended by the taxpayer in carrying on the activity; (4) the expectation that the 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) thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011