Claude D. Mayo, Sr. and Lessie M. Mayo - Page 6

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          activity is engaged in for profit is whether the taxpayer engages           
          in the activity with the primary objective of making a profit.              
          See Antonides v. Commissioner, 893 F.2d 656, 659 (4th Cir. 1990),           
          affg. 91 T.C. 686 (1988).  Although the expectation need not be             
          reasonable, the expectation must be bona fide.  See Hulter v.               
          Commissioner, 91 T.C. 371, 393 (1988).  Furthermore, in resolving           
          the question, greater weight is given to the objective facts than           
          to the taxpayer’s statement of intentions.  See Thomas v.                   
          Commissioner, 84 T.C. 1244, 1269 (1985), affd. 792 F.2d 1256 (4th           
          Cir. 1986).                                                                 
               Section 1.183-2(b), Income Tax Regs., contains a                       
          nonexclusive list of factors to be used in determining whether an           
          activity is engaged in for profit.  These factors are:  (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 similar            
          or dissimilar activities; (6) the history of income or losses               
          with respect to the activity; (7) the amount of occasional                  
          profit, if any; (8) the financial status of the taxpayer; and (9)           
          any elements of personal pleasure or recreation.  No single                 
          factor, nor simple numerical majority of factors, is controlling.           








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