Sandra J. Brannon - Page 7




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          Commissioner, 85 T.C. 557, 569 (1985)).  While a reasonable                 
          expectation of profit is not required, the taxpayer's profit                
          objective must be bona fide.  See Hulter v. Commissioner, 91 T.C.           
          371 (1988).  Whether a taxpayer had an actual and honest profit             
          objective is a question of fact to be resolved from all relevant            
          facts and circumstances.  See id. at 393; Golanty v.                        
          Commissioner, 72 T.C. 411, 426 (1979), affd. without published              
          opinion 647 F.2d 170 (9th Cir. 1981).  The burden of proving such           
          objective is on petitioner.  Rule 142(a); see Welch v. Helvering,           
          290 U.S. 111 (1933).  In resolving this factual question, greater           
          weight is given to objective facts than to the taxpayer's after-            
          the-fact statements of intent.  See Thomas v. Commissioner, 84              
          T.C. 1244, 1269 (1985), affd. 792 F.2d 1256 (4th Cir. 1986);                
          Siegel v. Commissioner, 78 T.C. 659, 699 (1982); sec. 1.183-2(a),           
          Income Tax Regs.                                                            
               Section 1.183-2(b), Income Tax Regs., sets forth a                     
          nonexclusive list of nine objective factors relevant to the                 
          determination of whether an activity is engaged in for profit.              
          These factors are:  (1) The manner in which the taxpayer carries            
          on the activity; (2) the expertise of the taxpayer or his                   
          advisers; (3) the time and effort expended in carrying on the               
          activity; (4) the expectation that the assets used in the                   
          activity may appreciate in value; (5) the success of the taxpayer           
          in carrying on other similar or dissimilar activities; (6) the              





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