Duane A. Dworshak - Page 8

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          Care, Nutritional Products, Personal Development and Distributor            
          Services”.                                                                  
                                       OPINION                                        
          A.   Whether Petitioner Operated His Direct Marketing Activity              
               for Profit in 1997                                                     
               1.   Background                                                        
               The issue for decision is whether petitioner operated his              
          direct marketing activity for profit in 1997.  The parties agree            
          that petitioner’s undertakings as a sales representative for                
          various direct marketing companies are one activity.                        
               A taxpayer conducts an activity for profit if he or she does           
          so with an actual and honest profit objective.  Surloff v.                  
          Commissioner, 81 T.C. 210, 233 (1983); Dreicer v. Commissioner,             
          78 T.C. 642, 645 (1982), affd. without opinion 702 F.2d 1205                
          (D.C. Cir. 1983).  In deciding whether petitioner operated the              
          direct marketing activity for profit, we consider the following             
          nine factors:  (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 loss with respect to the                    
          activity; (7) the amount of occasional profits, if any, which are           







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