- 8 - 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. AlthoughPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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