Fred B. and Georgia Elane Berry - Page 14




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            petitioners’ gross receipts in 1995 from (a) hay were less than                            
            in 1981, 1982, 1987, and 1993; (b) stud fees were less than from                           
            1984 to 1987, the same as in 1988, and less than from 1989 to                              
            1994; and (c) boarding fees were less than in 1993 and 1994.                               
                  Petitioners contend that this case is like Feistman v.                               
            Commissioner, T.C. Memo. 1982-306, affd. 718 F.2d 1110 (9th Cir.                           
            1983), in which we held that a taxpayer changed a stamp and coin                           
            collecting hobby to a business.  We disagree.  During the years                            
            in issue, the taxpayer in Feistman undertook activities                                    
            consistent with those of a retailer and inconsistent with those                            
            of a hobbyist.  He (a) bought 100 first day covers for each new                            
            stamp issued, far more than he needed as a collector; (b)                                  
            regularly displayed merchandise for sale at shows and swap meets;                          
            (c) received a business tax registration certificate with a                                
            “retail sales” classification; (d) bought and sold inventory; and                          
            (e) received authority from credit card companies to accept                                
            charges.  The taxpayer in Feistman changed his activity in                                 
            several respects that showed that he operated it for profit.                               
            Petitioners did not.                                                                       
                  We do not treat 1995 as the first year of petitioners’ horse                         
            and farm activity.                                                                         











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