- 21 - 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 petitionersPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011