- 14 - A nonexclusive list of factors set forth in section 1.183- 2(b), Income Tax Regs., guides section 183 analysis by indicating relevant facts and circumstances for consideration: (1) Manner in which the taxpayer carries on the activity; (2) the expertise of the taxpayer or his advisers; (3) the time and effort expended by the taxpayer in carrying on the activity; (4) expectation that assets used in 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) elements of personal pleasure or recreation. B. Application of the Statutory Framework 1. Manner in which the taxpayer carries on the activity. Petitioner claims to have drafted a business plan in 1993. As evidence of this business plan, petitioner submitted a business plan from a later year with the date “1993” handwritten on the cover sheet. Petitioner testified that she deleted portions of the submitted plan identifying two horses that did not exist in 1993. She testified that the submitted plan, from the beginning up to the identification of the horses, was exactly what was written in 1993. Upon evaluation of the submitted plan, it is clear that petitioner’s testimony that the same languagePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011