- 16 - Commissioner, T.C. Memo. 2003-224. The evidence in the record does not support a finding that the actions and expertise of the promoters were consistent with the profit objective required under section 183. C. Objective Factors Listed in the Regulations Section 1.183-2(b), Income Tax Regs., sets forth a list of nine nonexclusive factors to be considered in determining whether an activity was engaged in for profit: (1) The extent to which the taxpayer carries on the activity in a businesslike manner; (2) the taxpayer’s expertise or reliance on the advice of experts; (3) the time and effort the taxpayer expends in carrying on the activity; (4) the expectation that the assets used in the activity may appreciate in value; (5) the taxpayer’s success in similar activities; (6) the taxpayer’s history of income or loss from the activity; (7) the amount of occasional profits, if any; (8) the taxpayer’s financial status; and (9) the elements of personal pleasure or recreation. Not all of these factors are applicable in every case, and no one factor is controlling. Id. Because not all the factors are applicable in this case, we will not enter into a detailed analysis of each factor; rather, we briefly address why application of the relevant factors further supports a finding that Sav-Fuel lacked the requisite profit motive.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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