Robert A. Eder - Page 8




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          358 (7th Cir. 1987), affg. T.C. Memo. 1985-523; see Dreicer v.              
          Commissioner, 78 T.C. 642, 645 (1982), affd. without opinion 702            
          F.2d 1205 (D.C. Cir. 1983).  The taxpayer’s expectation, however,           
          need not be reasonable.  Burger v. Commissioner, supra at 358;              
          Golanty v. Commissioner, 72 T.C. 411, 425 (1979), affd. without             
          published opinion 647 F.2d 170 (9th Cir. 1981); sec. 1.183-2(a),            
          Income Tax Regs.  Whether the taxpayer has the requisite profit             
          objective is a question of fact, to be resolved on the basis of             
          all relevant circumstances, with greater weight being given to              
          objective factors than to mere statements of intent.  Dreicer v.            
          Commissioner, supra; Golanty v. Commissioner, supra at 426.                 
               The regulations under section 183 provide a nonexclusive               
          list of factors to be considered in determining whether an                  
          activity is engaged in for profit.  The factors include:  (1) The           
          manner in which the taxpayer carries on the activity; (2) the               
          expertise of the taxpayer or his or her advisers; (3) the time              
          and effort the taxpayer expended in carrying on the activity;               
          (4) the expectation that assets used in the activity may                    
          appreciate in value; (5) the taxpayer’s success in carrying on              
          other activities; (6) the taxpayer’s history of income or loss              
          with respect to the activity; (7) the amount of occasional                  
          profits, if any, which are earned; (8) the taxpayer’s financial             
          status; and (9) whether elements of personal pleasure or                    
          recreation are involved.  Sec. 1.183-2(b), Income Tax Regs.; see            







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