Donald L. Walford - Page 16

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          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.                                                                     








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