David E. and Cheryl G. Smith - Page 12

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          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 that                    







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