- 9 - Section 1.183-2(b), Income Tax Regs., provides a nonexclu- sive list of factors to be considered in determining whether an activity is engaged in for profit. The factors include: (1) The manner in which the taxpayer carried 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 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. On the basis of all of the evidence presented at trial, we conclude that petitioner lacked the requisite profit motive in carrying on his minority education business. Petitioner described his business as minority education programs that local municipalities and school districts would purchase and thereby become eligible for grant money from the Department of Education. However, the record lacks even basic information concerning petitioner's minority education programs. It is unclear what subject matter, or grade level, was being targeted by peti- tioner's programs. Petitioner did not disclose what type of academic materials were associated with his minority educationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011