Robert D. and Carol A. Berryman - Page 6




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                                     Discussion                                       
          A.  Petitioners’ Direct Marketing Activities                                
               Section 183 restricts taxpayers from deducting losses from             
          an activity that is not “engaged in for profit”.  Sec. 183(a).              
          An activity is engaged in for profit if the taxpayer entertained            
          an actual and honest profit objective in engaging in the                    
          activity.  Surloff v. Commissioner, 81 T.C. 210, 233 (1983);                
          Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd. without             
          opinion 702 F.2d 1205 (D.C. Cir. 1983); sec. 1.183-2(a), Income             
          Tax Regs.  The taxpayer’s expectation of profit must be in good             
          faith.  Allen v. Commissioner, 72 T.C. 28, 33 (1979) (citing sec.           
          1.183-2(a), Income Tax Regs.).                                              
               In deciding whether petitioners operated their direct                  
          marketing activities for profit, we consider the following nine             
          factors:  (1) The manner in which they carried on the activity;             
          (2) their expertise or that of their advisers; (3) the time and             
          effort they expended in carrying on the activity; (4) the                   
          expectation that the assets they used in the activity may                   
          appreciate in value; (5) their success in carrying on other                 
          similar or dissimilar activities; (6) their history of income or            
          loss with respect to the activity; (7) the amount of occasional             
          profits, if any, which they earned; (8) their financial status;             
          and (9) whether elements of personal pleasure or recreation are             
          involved.  See sec. 1.183-2(b)(1) through (9), Income Tax Regs.             







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