Abraham and Dina Weiss - Page 11




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          Commissioner, 72 T.C. 28, 33-34 (1979).  The factors are:  (1)              
          The manner in which the taxpayer carries on the activity; (2) the           
          expertise of the taxpayer or the taxpayer's advisers; (3) the               
          time and effort expended by the taxpayer in carrying on the                 
          activity; (4) the expectation that assets used in the activity              
          may appreciate in value; (5) the success of the taxpayer in                 
          carrying on other similar activities; (6) the taxpayer's history            
          of income or loss 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.                                        
               Petitioners have offered little, if any, evidence regarding            
          most of these factors.  They have not shown that petitioner                 
          Abraham Weiss, in his capacity as a general partner, carried on             
          his activities in a businesslike manner.  Nor, despite                      
          respondent's repeated requests, have petitioners brought forward            
          any books and records relevant to the activity; nor is there any            
          proof that any such books and records were properly maintained.             
          Notwithstanding Mr. Weiss' role as the general partner of a                 
          partnership that owned a cable television operation, he has                 
          demonstrated no expertise in the cable television field, other              
          than making vague representations that he provided accounting               
          services to cable television customers.  Nor is there direct                
          evidence that the operation of Oshtemo-Kalamazoo was guided by              
          anyone with demonstrated expertise or knowledge of the cable                
          television industry.                                                        

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