Stanley M. Kurzet and Anne L. Kurzet - Page 37

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                  The issue is one of fact and is to be resolved not on the                           
           basis of any one factor, but on the basis of all of the facts                              
           and surrounding circumstances.  Allen v. Commissioner, 72 T.C.                             
           28, 34 (1979); sec. 1.183-2(b), Income Tax Regs.  Petitioners                              
           bear the burden of proving that their timber farm and their                                
           Tahiti Property, during the years in issue, constituted the                                
           actual, good faith conduct of a trade or business or of an                                 
           activity entered into for profit.  Rule 142(a).                                            
                  Section 1.183-2(b), Income Tax Regs., provides a list of                            
           nine nonexclusive factors that are to be analyzed in determining                           
           whether an activity was conducted with an actual and honest                                
           objective of making a profit, as follows:  (1) The manner in                               
           which the taxpayer carried on the activity; (2) the taxpayer's                             
           expertise; (3) the time and effort expended by the taxpayer in                             
           carrying on the activity; (4) the expectation that the assets                              
           used in the activity would appreciate in value; (5) the success                            
           of the taxpayer in carrying on the activity; (6) the taxpayer's                            
           history of income or losses with respect to the activity;                                  
           (7) the amount of profits, if any, which are realized in the                               
           activity; (8) the financial status of the taxpayer; and                                    
           (9) whether elements of personal pleasure or recreation are                                
           involved.  More weight is to be given to objective factors than                            
           to a taxpayer's mere statement of intent.  Beck v. Commissioner,                           
           85 T.C. 557, 570 (1985).  Further, the absence of one particular                           






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