John G. and Janice E. Parker - Page 6




                                        - 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