- 6 - An activity is not regarded as engaged in for profit unless it is conducted by the taxpayer with an actual and honest expectation of making a profit. Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd. without published opinion 702 F.2d 1205 (D.C. Cir. 1983); Golanty v. Commissioner, 72 T.C. 411, 425-426 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981). An expectation of profit need not be reasonable. Id. Petitioners have the burden of proof on this issue.1 Rule 142(a); Golanty v. Commissioner, supra at 426. In considering whether a taxpayer engaged in an activity for profit, greater weight is given to objective factors, taking into account all of the facts and circumstances, than to a taxpayer’s mere statement of intent. Beck v. Commissioner, 85 T.C. 557, 570 (1985); sec. 1.183-2(a), Income Tax Regs. In section 1.183-2(b), Income Tax Regs., a nonexclusive list of factors is provided for use in analyzing whether an activity is engaged in for profit. Such factors include: (1) The manner in which the taxpayer carried on the activity; (2) the expertise of the taxpayer or his advisers; (3) the time and effort expended 1 Because the examination in this case commenced before July 23, 1998, sec. 7491, which places the burden of proof with respect to any fact issue on respondent where the taxpayer maintains adequate records, satisfied applicable substantiation requirements, cooperated with respondent, and produced credible evidence with regard to the fact issue, does not apply. See Internal Revenue Service Restructuring and Reform Act of 1998, P.L. 105-206, sec. 3001, 112 Stat. 685, 726.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011