Kenneth E. Perry and Mary A. Hofer - Page 21

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             activity; (4) expectation that the assets used in the                    
             activity may appreciate in value; (5) the success of the                 
             taxpayer in carrying on 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) elements of personal pleasure or                       
             recreation involved.  See also Smith v. Commissioner, 937                
             F.2d 1089, 1093 (6th Cir. 1991), revg. 91 T.C. 733 (1988).               
             These factors are not exclusive, and no single factor or                 
             number of factors is conclusive in determining whether an                
             activity is engaged in for profit.  See Dreicer v.                       
             Commissioner, 78 T.C. at 645; Vandeyacht v. Commissioner,                
             T.C. Memo. 1994-148; sec. 1.183-2(b), Income Tax Regs.                   

                  1.  Manner in Which the Taxpayer Carried On the Activity            
                  Petitioners did not have a formal business plan or                  
             income projection prior to the time they began their horse               
             breeding and boarding operation.  Petitioners also did not               
             introduce any of their financial books or records into                   
             evidence.  Petitioners testified that during the initial                 
             stages of their operation, they simply retained receipts                 
             and invoices arising from the activity in a box, which they              
             sorted with their accountant at the end of the year to                   
             calculate their income tax liability.  Both petitioners                  





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