Jane Anne Jeffries - Page 6




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          analyzed by looking at all the surrounding facts.  Dreicer v.               
          Commissioner, supra at 645.  These facts are given greater weight           
          than the taxpayer’s mere statement of intent.  Id.                          
               Section 1.183-2(b), Income Tax Regs., provides a                       
          nonexclusive list of relevant factors which should be considered            
          in determining whether the taxpayer has the requisite profit                
          objective.  The factors are: (1) The manner in which the taxpayer           
          carries on the activity; (2) the expertise of the taxpayer or               
          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) any elements indicating personal pleasure or recreation.            
          Sec. 1.183-2(b), Income Tax Regs.  These factors are not                    
          applicable or appropriate in every case.  Abramson v.                       
          Commissioner, 86 T.C. 360, 371 (1986).                                      
               Petitioner did not carry on a business in a businesslike               
          fashion.  She had no books or records, no records of students,              
          and no business plans.  She had no gross receipts.  She could not           
          make a profit because she did not charge for the alleged                    
          services.  She admitted that she intended to go into business               





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