- 8 - assessment of the objective factors must be informed by ‘the insight gained from a lifetime of experience as well as an understanding of the statutory scheme’” (quoting Nickerson v. Commissioner, 700 F.2d 402, 407 (1983), revg. T.C. Memo. 1981- 321)), revg. T.C. Memo. 1993-536. In Golanty v. Commissioner, 72 T.C. 411, 426 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981), we recognized that “Although no one factor is determinative of the taxpayer's intention to make a profit * * * a record of substantial losses over many years and the unlikelihood of achieving a profitable operation are important factors bearing on the taxpayer's true intention.” The first factor considers whether the taxpayer engaged in the activity in a businesslike manner. Sec. 1.183-2(b)(1), Income Tax Regs. “In deciding whether the taxpayer has conducted the activity in a businesslike manner, this Court has considered ‘whether accurate books are kept, whether the activity is conducted in a manner similar to other comparable businesses and whether changes have been attempted in order to make a profit.’” Dodge v. Commissioner, T.C. Memo. 1998-89 (quoting Ballich v. Commissioner, T.C. Memo. 1978-497), affd. without published opinion 188 F.3d 507 (6th Cir. 1999). In the case at hand, petitioners failed to develop a budget or a formal or informal business plan to determine whether, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011