Julius Lee Harrington and Mary Lou Ziter - Page 9




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          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, and             






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