Eugene J. Phillips and Barbara A. Phillips - Page 32

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          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 a              








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