Your past experience will also be reviewed by the IRS. If you possess the knowledge and/or have background in running such a business, it is more likely your enterprise will be deemed a business. Also, if you have profit-making experience in similar businesses the IRS will be more willing to allow the business status. Other factors that will affect the IRS decision are having a profit some years and the likelihood of future profit from appreciation of assets. If you file as a business, be prepared with data on the factors and circumstances listed.