Hugh T. Brown, Jr., and Kristi L. Brown - Page 10




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          taxpayer carries 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              
          losses 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.                                                                 
               No single factor, nor the existence of even a majority of              
          the factors, is controlling, but rather it is an evaluation of              
          all the facts and circumstances in the case, taken as a whole,              
          which is determinative.  Keanini v. Commissioner, 94 T.C. 41, 47            
          (1990); sec. 1.183-2(b), Income Tax Regs.  These factors are not            
          all applicable or appropriate for every case.  Abramson v.                  
          Commissioner, 86 T.C. 360, 371 (1986).  In making our evaluation            
          of the foregoing factors, we may consider evidence from years               
          subsequent to the years in issue “to the extent it may create               
          inferences regarding the existence of a profit motive in the                
          earlier years.”  Hillman v. Commissioner, T.C. Memo. 1999-255               
          (citing Hoyle v. Commissioner, T.C. Memo. 1994-592 and Smith v.             
          Commissioner, T.C. Memo. 1993-140).                                         








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