- 7 - 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 that are earned; (8) the financial status of the taxpayer; and (9) whether elements of personal pleasure or recreation are involved. No single factor is controlling, and we do not reach our decision by merely counting the factors that support each party's position. See Dunn v. Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980); sec. 1.183-2(b), Income Tax Regs. Rather, the relevant facts and circumstances of the case are determinative. See Golanty v. Commissioner, supra at 426. After considering all the factors, we agree with respondent that petitioner did not have an actual and honest objective of making a profit from her Mary Kay activity. Petitioner did not carry on the activity in a businesslike manner. See sec. 1.183-2(b)(1), Income Tax Regs. She maintained no separate checking account for her business and no business records, except for the automobile mileage log for 1996. According to her Schedule C, petitioner's returns and allowances and COGS exceeded her gross receipts for two of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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