- 6 - 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) the financial status of the taxpayer; and (9) whether elements of personal pleasure or recreation are involved. Petitioners failed to produce books or records supporting the existence of a profit-seeking business, aside from two personal planning diaries that contained vague notations. In addition, their income from this activity was sporadic and unsubstantiated. At trial, petitioner husband was able to recall only three clients during 1991 and 1992 aside from petitioner wife's brother. Petitioner husband testified that they received $700 from their research activity from these clients, although it was possible that $100 of that amount may have been received during 1990. In addition, one of the alleged clients did not pay petitioners for services rendered. No records were offered to substantiate the billing of these clients or the receipt of payments. We are not required to accept the self-serving testimony of taxpayers without further corroborating evidence. Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011