Joseph R. and Diana K. Trudel - Page 8




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         circumstances.  Elliott v. Commissioner, 84 T.C. 227, 236 (1985),            
         affd. without published opinion 782 F.2d 1027 (3d Cir. 1986);                
         sec. 1.183-2(b), Income Tax Regs.  Greater weight is given to                
         objective facts than to a taxpayer’s statement of intent.                    
         Elliott v. Commissioner, supra at 236-237; sec. 1.183-2(a),                  
         Income Tax Regs.                                                             
              Section 1.183-2(b), Income Tax Regs., provides the following            
         nonexclusive list of factors which normally should be considered             
         in determining whether an activity is engaged in for profit:  (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 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 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.  No single factor, nor the existence of              
         even a majority of the factors, is controlling, but rather it is             
         an evaluation of all the facts and circumstances in the case,                
         taken as a whole, which is determinative.                                    
              Although petitioners reported the writing activity and the              
         handyman activity as a single business on their Schedule C, we               
         conclude that they are two distinct activities and must be                   




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