John R. and Lois J. McCarthy - Page 10




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            actual and honest objective of making a profit.  See Keanini v.                            
            Commissioner, 94 T.C. 41, 46 (1990); Dreicer v. Commissioner, 78                           
            T.C. 642, 645 (1982), affd. without opinion 702 F.2d 1205 (D.C.                            
            Cir. 1983); sec. 1.183-2(a), Income Tax Regs.  In making this                              
            determination, more weight is accorded to objective facts than to                          
            the taxpayer’s statement of intent.  See Engdahl v. Commissioner,                          
            72 T.C. 659, 666 (1979); sec. 1.183-2(a), Income Tax Regs.                                 
                  The regulations under section 183 provide nine nonexclusive                          
            factors to be used in determining whether a taxpayer is engaged                            
            in an activity with the objective to make a profit.  See sec.                              
            1.183-2(b), Income Tax Regs.  The factors are:  (1) The manner in                          
            which the taxpayer carried on the activity; (2) the expertise of                           
            the taxpayer or his advisers; (3) the time and effort expended by                          
            the taxpayer 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 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) elements of personal pleasure or                                     
            recreation.  See id.  No single factor is controlling.  Rather,                            
            the facts and circumstances of the case taken as a whole are                               
            determinative.  See Abramson v. Commissioner, 86 T.C. 360, 371                             
            (1986); sec. 1.183-2(b), Income Tax Regs.                                                  






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