- 157 - activity was engaged in for profit: (1) The manner in which the 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 expectations that 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) any elements of personal pleasure or recreation. See sec. 1.183-2(b), Income Tax Regs. The properties purchased by EA 83-XII and EA 84-III were highly leveraged and produced operating losses. The offering memorandum issued by each partnership disclosed the fact that the partnership would incur such operating losses and that the properties had to appreciate in value in order for an investor to realize a profit. The offering memorandum issued for EA 83-XII projected a break-even appreciation rate of 7.99 percent, and the offering memo- randum for EA 84-III projected a break-even appreciation rate of 9.15 percent. The appreciation rates required for a profit were high, but there is nothing in the record ofPage: Previous 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 Next
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