Kathy A. King - Page 12




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          or section 212(1) or (2) in the Court of Appeals for the Fourth             
          Circuit is whether the taxpayer engaged in the activity primarily           
          for the purpose of making a profit.  See Hendricks v.                       
          Commissioner, 32 F.3d 94, 97 n.6 (4th Cir. 1994), affg. T.C.                
          Memo. 1993-396.  While a reasonable expectation of profit is not            
          required, a taxpayer’s profit objective must be bona fide.  See             
          Hulter v. Commissioner, 91 T.C. 371 (1988).  Whether a taxpayer             
          is primarily engaged in the activity for profit is a question of            
          fact to be resolved from all relevant facts and circumstances.              
          See id. at 393; Golanty v. Commissioner, 72 T.C. 411, 426 (1979),           
          affd. without published opinion 647 F.2d 170 (9th Cir. 1981).  In           
          resolving this factual question, greater weight is given to                 
          objective facts than to the taxpayer’s after-the-fact statements            
          of intent.  See Siegel v. Commissioner, 78 T.C. 659, 699 (1982);            
          sec. 1.183-2(a), Income Tax Regs.                                           
               Thus, several factors are taken into consideration in                  
          determining whether an activity is engaged in primarily for                 
          profit under section 183.  Generally, these factors, set out in             
          section 1.183-2(b), Income Tax Regs., include:  (1) The manner in           
          which the activity is conducted, (2) the taxpayer’s expertise,              
          (3) the time and effort expended in the activity, (4) an                    
          expectation that the assets used in the activity may appreciate             
          in value, (5) the success of the taxpayer in other similar or               
          dissimilar activities, (6) the history of income or losses of the           





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