David E. and Cheryl G. Smith - Page 8

                                        - 8 -                                         

          T.C. 642, 645 (1982), affd. without published opinion 702 F.2d              
          1205 (D.C. Cir. 1983); sec. 1.183-2(a), Income Tax Regs.  In                
          making this determination, more weight is accorded to objective             
          facts than to the taxpayer's statement of intent.  Engdahl v.               
          Commissioner, 72 T.C. 659, 666 (1979); sec. 1.183-2(a), Income              
          Tax Regs.  Petitioners bear the burden of proving that they                 
          possessed the required profit objective.  Rule 142(a); Dreicer v.           
          Commissioner, supra; Golanty v. Commissioner, 72 T.C. 411, 426              
          (1979), affd. without published opinion 647 F.2d 170 (9th Cir.              
          1981).                                                                      
               In determining whether an activity is engaged in for profit,           
          reference is made to objective standards, taking into account all           
          of the facts and circumstances of each case.  Sec. 1.183-2(a),              
          Income Tax Regs.  The regulations set forth nine criteria                   
          normally considered for this purpose.  The factors are: (1) The             
          manner in which the taxpayer carries on the 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 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             







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011