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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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