- 45 - Engdahl v. Commissioner, supra at 669; sec. 1.183-2(b)(8), Income Tax Regs. The rationale for this rule, in part, is that a taxpayer with substantial income from sources unrelated to the activity can more easily afford to operate the activity as a hobby and may seek to use the losses from the activity to offset the income from other sources. During the taxable years at issue, Mrs. Whalley earned wages of $71,425 for 1991 and $78,649 for 1992. Petitioner reported a nontaxable pension of $38,872 for 1991 and $32,963 for 1992. Moreover, for both years, no Federal income tax was withheld according to the Forms W-2 issued for Mrs. Whalley by the Hayward Police Department. Given the facts presented, the obvious conclusion is that petitioners intended that they would reduce or eliminate their tax liability because of their claim of alleged losses. We find that petitioners' substantial income from other sources coupled with the fact that they failed to claim any withholding for the years in issue indicates a lack of profit objective. I. Elements of Personal Pleasure That a taxpayer receives personal or recreational benefits from an activity may indicate that the taxpayer is not engaging in the activity for profit. Sec. 1.183-2(b)(9), Income Tax Regs. Petitioner's testimony throughout the trial consistently points to his daughter's equestrian accomplishments. He indicated that his daughter rides a variety of their horses andPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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