-20- 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 one factor is conclusive, and we do not reach our decision herein by merely counting how many of the nine enumerated factors support each party’s position. Carter v. Commissioner, 645 F.2d 784, 787 (9th Cir. 1981), affg. T.C. Memo. 1978-202; Dunn v. Commissioner, 70 T.C. at 720. We consider these factors seriatim. (1) Manner of Carrying on the Activity The parties have stipulated the accuracy of petitioner’s Schedule C for each year in issue. Supra note 2. Also, respondent did not determine, and does not assert, that petitioner omitted to report any receipts from his videotape activity. From the foregoing, we conclude that petitioner’s books and records, though sparse and relatively informal, were adequate for a trade or business. By the end of 1992, petitioner was faced with a record of fluctuating gross receipts which were trending somewhat downward, and losses which were more-or-less consistently increasing. Supra table 6. He had spent about $80,000 on equipment. His reported losses from his videotape activity, including straight- line depreciation, aggregated about $55,000, plus whatever he reported on his 1990 tax return. Supra table 6, note 2. His reaction to this state of affairs was to buy another $75,000 ofPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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