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taxpayer had the requisite profit motive under section 162(a),
the factors set forth in the regulations promulgated under
section 183 are considered. Sullivan v. Commissioner, T.C. Memo.
1998-367, affd. 202 F.3d 264 (5th Cir. 1999). In addition to the
taxpayer's continuity and regularity in pursuing the activity, as
cited by the Supreme Court in Commissioner v. Groetzinger, supra,
factors listed in the section 183 regulations include whether the
activity is conducted in a businesslike manner, sec. 1.183-
2(b)(1), Income Tax Regs., and the taxpayer's history of income
or losses with respect to the activity, sec. 1.183-2(b)(6),
Income Tax Regs.
Mr. Doxtator did not conduct the Native American Finance
activity with continuity and regularity. Although petitioners'
1998 return is not in the record, their 1999 return is, and it
contains no Schedule C reporting operations of Native American
Finance in 1999. Thus, the activity was not continuous between
1997 and 2000.
Mr. Doxtator also did not conduct the activity in a
businesslike fashion. When tribal officials failed to pay his
finder's fee, he took no steps to ensure that he would be paid
for future transactions, such as switching to written contracts
instead of oral agreements. Mr. Doxtator also commingled the
expenses of Native American Finance with those of Mrs. Doxtator's
judicial officer work. Finally, petitioners reported no gross
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