Dale A. Rinehart and Jeana L. Yeager, f.k.a. Jeana L. Rinehart, et al. - Page 16




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          Commissioner, 91 T.C. 371, 393 (1988); sec. 1.183-2(a), Income              
          Tax Regs.                                                                   
               Whether the requisite profit objective exists is determined            
          by looking at all the surrounding facts and circumstances.                  
          Keanini v. Commissioner, 94 T.C. 41, 46 (1990); sec. 1.183-2(b),            
          Income Tax Regs.  Greater weight is given to objective facts than           
          to a taxpayer's mere statement of intent.  Thomas v.                        
          Commissioner, 84 T.C. 1244, 1269 (1985), affd. 792 F.2d 1256 (4th           
          Cir. 1986); sec. 1.183-2(a), Income Tax Regs.  Petitioners have             
          the burden of proof.  Rule 142(a).20                                        
               Section 1.183-2(b), Income Tax Regs., provides a list of               
          factors to be considered in the evaluation of a taxpayer's profit           
          objective:  (1) The 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) the expectation that 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 losses with respect to the                  
          activity; (7) the amount of occasional profits, if any, from the            


               20  Cf. sec. 7491(a), effective for court proceedings                  
          arising in connection with examinations commencing after July 22,           
          1998.  Petitioners do not contend that their examination began              
          after July 22, 1998, or that sec. 7491 is applicable to their               
          case.                                                                       






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