Warren R. Follum - Page 20




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          during the taxable years in issue.   See Rule 142(a); Welch v.              
          Helvering, supra.                                                           
               Section 1.183-2(b), Income Tax Regs., contains a                       
          nonexclusive list of factors to be used in determining whether an           
          activity is engaged in for profit.  The factors are:  (1) The               
          manner in which the taxpayer carries on the activity; (2) the               
          expertise of the taxpayer or his advisers; (3) the time and                 
          effort expended by the taxpayer in carrying on the activity; (4)            
          the expectation that assets used in the activity may appreciate             
          in value; (5) the success of the taxpayer in carrying on similar            
          or dissimilar activities; (6) the history of income or losses               
          with respect to the activity; (7) the amount of occasional                  
          profit, if any; (8) the financial status of the taxpayer; and (9)           
          any elements of personal pleasure or recreation.  No single                 
          factor, nor simple numerical majority of factors, is controlling.           
          See Cannon v. Commissioner, 949 F.2d 345, 350 (10th Cir. 1991),             
          affg. T.C. Memo. 1990-148.                                                  
               The fact that the taxpayer carries on the activity in a                
          businesslike manner and maintains complete books and records may            
          indicate that the activity was engaged in for profit.  Sec.                 
          1.183-2(b)(1), Income Tax Regs.  Changes in operating methods,              
          adoption of new techniques, or abandonment of unprofitable                  
          methods in a manner consistent with an intent to improve                    








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