Ralph D. and Brenda Konchar - Page 8

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          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 the              






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