Herbert J. Meeks and Paula J. Meeks - Page 13

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            Cir. 1986); sec. 1.183-2(a), Income Tax Regs.  Petitioners have                             
            the burden of proving that they engaged in the chartering                                   
            activity with the intent to make a profit.  Rule 142(a).                                    
                  Section 1.183-2(b), Income Tax Regs., provides a list of                              
            factors to be considered in the evaluation of a taxpayer's profit                           
            objective:  (1) The manner in which the taxpayer carries on the                             
            activity; (2) the expertise of the taxpayer or his advisors; (3)                            
            the time and effort expended by the taxpayer in carrying on the                             
            activity; (4) the expectation that assets used in 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, from the activity; (8) the                            
            financial status of the taxpayer; and (9) elements of personal                              
            pleasure or recreation.  The number of factors for or against the                           
            taxpayer is not necessarily determinative, but rather all facts                             
            and circumstances must be taken into account, and more weight may                           
            be given to some factors than to others.  Cf. Dunn v.                                       
            Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d                               
            Cir. 1980).                                                                                 
                  During the years at issue, petitioners did not conduct the                            
            chartering activity in a businesslike manner.  Petitioners failed                           
            to maintain any books and records.  Herbert testified that they                             
            did not retain receipts from customers.  Petitioners also                                   
            indicated that they had no business plan for the activity.                                  



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