- 24 - Income Tax Regs. Mrs. Phillips has served as a District Director and as the Chairman of the Racing Committee for the Virginia Arabian Horse Association. Additionally, Mrs. Phillips has conducted racing seminars at various conventions and written a column answering questions in The Virginia Horse Trader. Moreover, petitioners consulted with experts at horse convention seminars. Accordingly, Mrs. Phillips' expertise in the horse activity and petitioners' consultation with experts are facts in petitioners' favor. Section 1.183-2(b)(3), Income Tax Regs., provides that The fact that the taxpayer devotes much of his personal time and effort to carrying on an activity, particularly if the activity does not have substantial personal or recreational aspects, may indicate an intention to derive a profit. * * * Respondent concedes that this factor "superficially favors petitioners" but argues that there are "substantial pleasure or recreational aspects" to their horse activity. Mr. Phillips is employed full time as a nurse anesthetist. Generally, however, he works 10 to 15 hours per week in petitioners' horse activity, primarily taking care of the horses. He also attends seminars and conventions dealing with petitioners' horse activity. Mrs. Phillips works full time in the horse activity, generally spending 35 to 40 hours per week. In addition to beingPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011