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opinion 899 F.2d 18 (9th Cir. 1990). No single factor is deter-
minative of the issue, however. Sec. 1.183-2(b), Income Tax
Regs. The nine factors set forth under section 1.183-2(b),
Income Tax Regs., are: (1) The manner in which the taxpayer
carries on the activity; (2) the expertise of the taxpayer or his
or her 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 activi-
ties; (6) the taxpayer's history of income or losses with respect
to the activity; (7) the amount of occasional profits, if any,
that are earned; (8) the financial status of the taxpayer; and
(9) the elements of personal pleasure or recreation involved in
the activity.
We take this opportunity to note that petitioner did not
testify at the trial in this case. We presume that if he had
testified truthfully, his testimony would not have been favorable
to petitioners' position herein. See McKay v. Commissioner, 886
F.2d 1237 (9th Cir. 1989), affg. 89 T.C. 1063 (1987); Cohen v.
Commissioner, 9 T.C. 1156, 1162 (1947), affd. 176 F.2d 394 (10th
Cir. 1949); Wichita Terminal Elevator Co. v. Commissioner, 6 T.C.
1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). Indeed,
petitioners stated on brief that "petitioner did not go to the
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