Lee W. Yates and Wendy S. Yates - Page 15

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          operation of Silk Oak have been de minimis when compared to the             
          $145,510 in expenses incurred.  Bischoff v. Commissioner, T.C.              
          Memo. 1995-34.  Accordingly, this factor favors respondent.                 
               8. The Financial Status of Petitioners                                 
               The fact that a taxpayer does not have substantial income              
          from sources other than the activity may indicate that the                  
          activity is engaged in for profit.  Sec. 1.183-2(b)(8), Income              
          Tax Regs.  In this case, petitioners' income from their nursing             
          supervisory activities totaled $105,992 in 1991 and $133,572 in             
          1992.  Petitioners' income is sufficient to produce a comfortable           
          standard of living, even upon consideration of the losses                   
          incurred in the operation of Silk Oak.  Golanty v. Commissioner,            
          supra.  We also note that the losses reported from the operation            
          of Silk Oak provided petitioners with substantial tax benefits.             
          Id. at 429.  This factor favors respondent.                                 
               9. The Elements of Personal Pleasure or Recreation That                
                    May Be Present                                                    
               The presence of personal motives in carrying on an activity            
          may indicate that the activity is not engaged in for profit,                
          especially where there are recreational or personal elements                
          involved.  Sec. 1.183-2(b)(9), Income Tax Regs.  The existence of           
          personal pleasure for the taxpayer, however, does not compel a              
          finding that the activity was not engaged in for profit.  Jackson           
          v. Commissioner, 59 T.C. 312, 317 (1972).  Conversely, the                  
          existence of hard work is not enough to distinguish a profit-               
          seeking activity from a hobby.  Borsody v. Commissioner, T.C.               



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