David M. Sears and Carol L. McCabe - Page 13

                                       - 12 -                                         
         2.  The Expertise of the Taxpayer or His Advisers                            
              Preparation for an activity by extensive study of its                   
         accepted business, economic, and scientific practices, or                    
         consultation with those who are expert therein, may indicate a               
         profit objective.  Engdahl v. Commissioner, supra at 668; sec.               
         1.183-2(b)(2), Income Tax Regs.  Efforts to gain experience and a            
         willingness to follow expert advice may also indicate a profit               
         objective.  Dworshak v. Commissioner, T.C. Memo. 2004-249;                   
         Lundquist v. Commissioner, T.C. Memo. 1999-83, affd. 211 F.3d 600            
         (11th Cir. 2000).                                                            
              Petitioners attended numerous RTP seminars and conventions.             
         Mr. Sears testified that attendees sometimes discussed revenue               
         rulings or other aspects of the tax law, but that “conventions in            
         network marketing are more for training in doing the business”               
         and to help “build enthusiasm” for the activity.  Mr. Sears did              
         not explain what he meant by “training in doing the business”.               
         Although petitioners may have gained expertise relevant to the               
         activity from the RTP-sponsored events they attended, the                    
         substance of the seminars and conventions is unclear.  Without               
         more information, this factor neither supports nor undercuts the             












Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011