Duane A. Dworshak - Page 10

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               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 experience              






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