- 8 - activity; (7) the amount of occasional profit, if any, which is earned; (8) the financial status of the taxpayer; and (9) whether elements of personal pleasure or recreation are involved. No single factor controls. See Osteen v. Commissioner, supra; Brannen v. Commissioner, 722 F.2d 695, 704 (11th Cir. 1984), affg. 78 T.C. 471 (1982); sec. 1.183-2(b), Income Tax Regs. 1. Manner of Carrying on Activity The manner in which the taxpayer carries on the activity is one indication of a profit objective. See sec. 1.183-2(b)(1), Income Tax Regs. Elements relevant to this factor include whether the taxpayer maintained complete and accurate books and records, whether the activity was conducted in a manner substantially similar to comparable businesses that are profitable, and whether changes were attempted in order to improve profitability. See Engdahl v. Commissioner, 72 T.C. 659 (1979). Petitioner maintained no written records. He had no business plan for his activity, and he made no predictions of income or expenses. Petitioner had no sponsor for the activity, although he did unsuccessfully attempt to obtain one. While petitioner hoped to make large amounts of money from this activity, he understood that without the "big money" of a sponsor to buy "big expensive parts", a person "can't win the races." Without a sponsor,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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