- 8 - 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) elements of personal pleasure or recreation. No single factor is controlling, but rather it is an evaluation of all the facts and circumstances in the case, taken as a whole, which is determinative. See Weber v. Commissioner, 103 T.C. 378, 387 (1994), affd. per curiam 60 F.3d 1104 (4th Cir. 1995). Petitioner alleges that he conducted his consulting activity in a businesslike manner, but this allegation is belied by the facts. We note that (1) petitioner did not keep contemporaneously written business or marketing plans, (2) petitioner did not keep income or expense projections for his consulting activity and failed to keep books and records detailing Fairbanks' financial information, and (3) petitioner failed to maintain a separate checking account or separate finances for his consulting activity during the year in issue.1 Additionally, though petitioner was aware that Fairbanks had generated no gross receipts for the 1994, 1995, and 1996 tax years, petitioner did not appreciably change his method of 1 Petitioner started a commercial checking account for Fairbanks in 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011