Andrew Lenard Jones - Page 5

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          “not engaged in for profit” except to the extent of gross income            
          generated by the activity.  Section 183(c) defines an activity              
          “not engaged in for profit” as any activity other than one for              
          which deductions are “allowable * * * under section 162 or under            
          paragraph (1) or (2) of section 212.”  Essentially the test for             
          determining whether an activity is engaged in for profit is                 
          whether the taxpayer engages in the activity with the primary               
          objective of making a profit.  See Antonides v. Commissioner, 893           
          F.2d 656, 659 (4th Cir. 1990), affg. 91 T.C. 686 (1988).                    
          Although the expectation need not be reasonable, the expectation            
          must be bona fide.  See Hulter v. Commissioner, 91 T.C. 371, 393            
          (1988).  Furthermore, in resolving the question, greater weight             
          is given to the objective facts than to the taxpayer’s statement            
          of intentions.  See Thomas v. Commissioner, 84 T.C. 1244, 1269              
          (1985), affd. 792 F.2d 1256 (4th Cir. 1986).                                
               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.  These 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               






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