- 10 - Petitioner kept records of income and expenses from his marketing activities, and he kept records of the success rates of his mailings and the size of his customer base. A change of operating methods or abandonment of unprofitable methods in a manner consistent with an intent to improve profitability may indicate a profit objective. Krebs v. Commissioner, T.C. Memo. 1992-154; Pirnia v. Commissioner, T.C. Memo. 1989-627; sec. 1.183-2(b)(1), Income Tax Regs. Beginning late in 1996, petitioner made numerous changes in his direct marketing activity in an attempt to make a profit. Petitioner searched for different companies for which to sell, and he changed his methods when they were not successful. He obtained sales positions with other direct marketing companies after he became dissatisfied with being a Cell Tech representative. He stopped sending unsolicited Cell Tech mailings after concluding they were ineffective as a sales technique and began to use telephone calls and meetings to make sales. He briefly became a Telecard Network Co. representative in 1996 and 1997 but stopped when he concluded that the Telecard Network Co. would not produce the profits he sought. In 1997, he became a TPN representative and concentrated his efforts on selling TPN and its products. This factor favors petitioner. Respondent contends that petitioner lacked any expertise in direct marketing. We disagree. Efforts at gaining experiencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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