Ralph D. and Brenda Konchar - Page 9

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          tax years at issue, an indication that the activity was not                 
          conducted with a profit objective.  See Theisen v. Commissioner,            
          T.C. Memo. 1997-539.  When questioned at trial about this fact,             
          she could not explain it.  Petitioner did not seem to understand            
          that it suggests here that she was selling her products at or               
          near cost.                                                                  
               Petitioner's Mary Kay activity had a substantial component             
          of personal pleasure.  See sec. 1.183-2(b)(9), Income Tax Regs.             
          Petitioner's customers appear to have been mostly family and                
          friends.  She traveled, with her children and sometimes her                 
          husband, as far as Pennsylvania, Florida, and Texas to conduct              
          her Mary Kay activity.  As a result, she and her family were able           
          to see her parents, her sister, and other relatives and friends.            
               The expertise of the taxpayer or her advisers is a factor to           
          be considered.  See sec. 1.183-2(b)(2), Income Tax Regs.  There             
          is no evidence in the record of petitioner's prior experience               
          operating her own business.  Petitioner has provided no evidence            
          that, before she commenced her Mary Kay activity in 1996, she               
          sought to consult someone who could have provided an objective              
          opinion on the advantages and disadvantages of conducting a Mary            
          Kay distributorship.                                                        
               There could have been no expectation that the assets                   
          petitioner used in the Mary Kay activity would appreciate in                
          value.  See sec. 1.183-2(b)(4), Income Tax Regs.  Although                  






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