- 8 - (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. See sec. 1.183-2(b), Income Tax Regs. The taxpayer's expectation of profit need not be reasonable. See Golanty v. Commissioner, 72 T.C. 411, 425-426 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981); Allen v. Commissioner, supra at 33; sec. 1.183-2(a), Income Tax Regs. In determining whether an activity is engaged in for profit, greater weight is given to objective factors than to a taxpayer's mere statement of intent. See sec. 1.183-2(a), Income Tax Regs. Although no one factor is conclusive, a record of substantial losses over many years and the unlikelihood of achieving a profit are important factors bearing on the taxpayer's objective. See Golanty v. Commissioner, supra at 426; sec. 1.183-2(b)(6), Income Tax Regs. Petitioners have the burden of proof on this issue. See Rule 142(a). During, before, and after the years in issue, the limited time petitioners spent working with the cattle on the ranch and in the ranch activity is consistent with a hobby, not with a legitimate for-profit activity. Petitioner’s use of his and his wife’s personal checking account to pay ranch expenses and the lack of a written business plan, a ledger, and a budget forPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011