-12- activities; (6) the taxpayer's history of income or losses with respect to the activity; (7) the amount of occasional profits, if any, which are earned; (8) the taxpayer’s financial status; and (9) whether elements of personal pleasure or recreation are involved. See sec. 1.183-2(b), Income Tax Regs.; see also Cannon v. Commissioner, supra at 348-349. The taxpayer's expectation of profit need not be reasonable but must be in good faith. See Golanty v. Commissioner, 72 T.C. 411, 425-426 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981); Allen v. Commissioner, supra at 33; sec. 1.183-2(a), Income Tax Regs. In determining whether an activity is engaged in for profit, greater weight is given to objective factors than to a taxpayer's mere statement of intent. See Anderson v. Commissioner, 62 F.3d 1266, 1274 n.16 (10th Cir. 1995), affg. T.C. Memo. 1993-607; Cannon v. Commissioner, supra at 351 n.8; sec. 1.183-2(a), Income Tax Regs. Although no one factor is conclusive, see sec. 1.183-2(b), Income Tax Regs., a record of substantial losses over many years and the unlikelihood of achieving a profit are indicative that an activity is not engaged in for profit, see Hildebrand v. Commissioner, supra at 1027; Cannon v. Commissioner, supra at 352; Golanty v. Commissioner, supra at 426; sec. 1.183-2(b)(6), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011