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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 are involved. No
single factor controls. See Osteen v. Commissioner, 62 F.3d 356,
358 (11th Cir. 1995), affg. in part and revg. on other issues
T.C. Memo. 1993-519; 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. Petitioner has the burden of proof on this
issue. See Golanty v. Commissioner, supra at 426.
Application of the Factors
1. Manner in Which the Taxpayer Conducts the Activity.
Petitioner, himself, engaged in motocross racing as an
amateur for approximately 2 years during 1976 and 1977, and, we
assume, was well aware of the rules and regulations applicable to
amateur motocross racing. He knew that an amateur in motocross
racing was not permitted to earn a profit from that activity, and
that his son, Benjamin, who was 13 years of age during the year
in issue (1993) was not eligible to turn pro until he reached the
age of 16 in 1996. When this case was tried in May 1997,
Benjamin had still not turned pro.
Benjamin was 12 years of age when petitioner first discussed
with him the alleged agreement between them about Benjamin's
racing future. No agreement between petitioner and his 12-year
old son was memorialized in writing. Petitioner and his 12-year
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