Barry D. and Suzanne B. Whalley - Page 45

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          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 and             




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