Julius Lee Harrington and Mary Lou Ziter - Page 8




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          objective of making a profit”).  In resolving the factual                   
          question, greater weight is given to the objective facts than to            
          the taxpayer’s self-serving statements of intention.  Thomas v.             
          Commissioner, 84 T.C. 1244, 1269 (1985), affd. 792 F.2d 1256 (4th           
          Cir. 1986).                                                                 
               Section 7491(a) provides that the burden of proof is placed            
          on the Commissioner as to any factual issue on which the taxpayer           
          offers credible evidence relevant to his income tax liability, if           
          certain conditions have been satisfied, including the                       
          commencement of the Commissioner’s examination after July 22,               
          1998.  The parties have not addressed the applicability of                  
          section 7491(a) to this proceeding, even though it seems likely             
          that the examination was commenced after that date, at least as             
          to 1998, the last taxable year in issue.  We nevertheless                   
          conclude that the burden of proof is not in issue in this case,             
          inasmuch as we decide the matter without regard to the allocation           
          of the burden of proof; our findings and decision are supported             
          by a preponderance of the evidence.                                         
               Section 1.183-2(b), Income Tax Regs., sets forth a                     
          nonexclusive list of nine factors that bear on whether an                   
          activity is engaged in for profit.  The regulation specifically             
          provides that no single factor, or number of factors, is                    
          controlling, and the factors need not be given equal weight.  See           
          Ranciato v. Commissioner, 52 F.3d 23, 26 (2d Cir. 1995) (“the               






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