Dale A. Rinehart and Jeana L. Yeager, f.k.a. Jeana L. Rinehart, et al. - Page 17




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          activity; (8) the financial status of the taxpayer; and (9)                 
          elements of personal pleasure or recreation.  This list is                  
          nonexclusive, and the number of factors for or against the                  
          taxpayer is not necessarily determinative, but rather all facts             
          and circumstances must be taken into account, and more weight may           
          be given to some factors than to others.  Id.; cf. Dunn v.                  
          Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d               
          Cir. 1980).                                                                 
               As an initial matter, respondent contends that Mr.                     
          Rinehart’s testimony regarding the horse breeding activity was              
          not credible and that his “uncorroborated” testimony should be              
          disregarded.  We disagree.  Other witnesses corroborated Mr.                
          Rinehart’s testimony regarding the horse breeding activity.  We             
          found Mr. Rinehart’s testimony regarding this particular issue to           
          be credible.21                                                              
          Manner in Which the Activity Is Conducted                                   
               The fact that a taxpayer carries on the activity in a                  
          businesslike manner and maintains complete and accurate books and           
          records may indicate a profit objective.  Sec. 1.183-2(b)(1),               
          Income Tax Regs.  The evidence established that Mr. Rinehart kept           
          complete and accurate books and records and that he operated the            
          horse breeding activity in a businesslike manner.                           
               Mr. Rinehart had a business plan for the horse breeding                

               21  This does not mean we find Mr. Rinehart’s testimony                
          regarding other issues presented in this case to be credible.  We           
          make no such finding herein.                                                




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