- 12 - opinion 103 F.3d 129 (6th Cir. 1996). Significantly, petitioners did not seek professional economic or accounting advice on the economic aspects of breeding dogs. Other than Mr. Smith's rough estimation of potential gross receipts, they made no analysis or plan for earning a profit from breeding dogs, or even considered potential costs. Most important, they did not analyze or consult about the amount of expenses that they were likely to incur. The failure to seek professional advice is another factor that indicates a lack of profit motive. Burger v. Commissioner, supra. 3. Time and Effort Spent in Conducting the Activity We next consider the time and effort spent by petitioners in conducting their dog-breeding activity. Sec. 1.183-2(b)(3), Income Tax Regs. 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. Id. The record indicates that Mr. Smith spent approximately 8 to 10 hours per week, and Mrs. Smith spent approximately 12 hours per week in keeping and caring for the dogs. Accordingly, we find that significant time and effort were spent by the couple in carrying on the activity. However, we also discern thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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