- 32 - circumstances of the instant case, that the activity was not a mere "hobby." Additionally, petitioners' losses during the years in issue were out-of-pocket economic losses. As we have discussed, supra, we conclude that petitioners, during the years in issue, were attempting to sustain their horse activity until Mrs. Phillips recovered and that petitioners intended for their horse activity, among other things, to support Mrs. Phillips in the event that Mr. Phillips predeceased her. Accordingly, we believe that petitioners' use of Mr. Phillips' income to aid in sustaining the horse activity during the years in issue was warranted, given the circumstances in which petitioners found themselves, and does not indicate the lack of a profit objective. Section 1.183-2(b)(9), Income Tax Regs., provides that "The presence of personal motives in carrying on of an activity may indicate that the activity is not engaged in for profit, especially where there are recreational or personal elements involved." The regulations provide that the fact that the taxpayer derives personal pleasure from engaging in the activity is not sufficient to cause the activity to be classified as not engaged in for profit if the activity is in fact engaged in for profit as evidenced by other factors whether or not listed in this paragraph. [Sec. 1.183-2(b)(9), Income Tax Regs.] Petitioners do not use the horses for personal riding pleasure. At the time of trial, Mr. Phillips had not ridden aPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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