- 6 - respondent's position on any of the factors provided pursuant to section 1.183-2(b), Income Tax Regs., (5) the Court found for petitioners with regard to all of the relevant factors pursuant to section 1.183-2(b), Income Tax Regs., and (6) respondent knew, or should have known, that the facts in the instant case supported petitioners' position. Respondent, on the other hand, contends that petitioners have offered no specific details that establish an overriding weakness in respondent's circumstantial case or any legal authority with which respondent's case is clearly inconsistent. Additionally, respondent contends that petitioners are essentially arguing that, because petitioners won the case, respondent's position was not substantially justified. Section 1.183-2(b), Income Tax Regs., provides a nonexclusive list of factors to be considered in deciding whether an activity is engaged in for profit. As stated in our prior opinion, we considered those factors in reaching a decision on the merits in the instant case. No single factor, and not even the existence of a majority of such factors, is controlling. Keanini v. Commissioner, 94 T.C. 41, 47 (1990). We conclude that respondent's position was substantially justified. Among the facts in the record that bore negatively on petitioners' claimed profit motive were the following: (1) Petitioners had no financial plan or written budget; (2) petitioners went bankrupt; (3) petitioner Eugene J. Phillips hadPage: Previous 1 2 3 4 5 6 7 Next
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