Eugene J. Phillips and Barbara A. Phillips - Page 24

                                       - 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 being           








Page:  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