Karl Meyer and Vickie Meyer - Page 15




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          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.                                           
               No single factor, nor even the existence of a majority of              
          factors favoring or disfavoring the existence of a profit                   
          objective, is controlling.  Id.; Ogden v. Commissioner, T.C.                
          Memo. 1999-397, affd. per curiam 244 F.3d 970 (5th Cir. 2001).              
          Rather, the relevant facts and circumstances of the case are                
          determinative.  Golanty v. Commissioner, 72 T.C. 411, 426 (1979),           
          affd. without published opinion 647 F.2d 170 (9th Cir. 1981).               
               Based on all of the facts and circumstances in the present             
          case, we hold that petitioners did not engage in the Amway                  
          activity for profit within the meaning of section 183.                      
               We shall not analyze in depth all nine of the factors                  
          enumerated in the regulation but rather focus on some of the more           
          important ones that inform our decision.                                    
               First, the history of consistent and substantial losses                
          incurred by petitioners in the Amway activity is indicative of a            
          lack of profit objective.  See Golanty v. Commissioner, supra at            






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