Larry Minnick and Charla Minnick v. Commissioner - Page 8




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          expended by the taxpayer in 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 loss 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.  Id.  No single factor controls, other factors may be           
          considered, and the mere fact that the number of factors                    
          indicating the lack of a profit objective exceeds the number                
          indicating the presence of a profit objective (or vice versa) is            
          not conclusive.  Id.                                                        
          Application of the Factors                                                  
               1. Manner in Which the Taxpayer Carries On the Activity                
               A profit objective may be indicated where the taxpayer                 
          operates the activity in a businesslike manner and keeps complete           
          and accurate books and records.  Sec. 1.183-2(b)(1), Income Tax             
          Regs.  Petitioners’ Amway activities were not conducted in a                
          sufficiently businesslike manner.  Petitioners did not maintain             
          their own business records other than notes of meetings in a                
          daily planner.  Petitioners did not present evidence of any                 
          formal budgets, profit projections, or break-even analyses which            
          had been prepared in connection with their distributorship.                 
          Although certain reports were provided to petitioners by Amway              






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