Martin and Marion Abbene - Page 17

                                                - 17 -                                                   

                  No single factor is determinative, and all facts and                                   
            circumstances, including factors not listed, should be                                       
            considered.   Abramson v. Commissioner, 86 T.C. 360, 371 (1986);                             
            sec. 1.183-2(b), Income Tax Regs.  Moreover, we do not resolve                               
            the issue of profit objective by simply comparing the number of                              
            factors indicating profit objective with those indicating the                                
            lack of such an objective.  Sec. 1.183-2(b), Income Tax Regs.                                
                  If gross income derived from a horse training or breeding                              
            activity for 2 or more taxable years in a period of 7 consecutive                            
            taxable years exceeds the deductions attributable to such                                    
            activity, then the activity is presumed to be an activity engaged                            
            in for profit.  Sec. 183(d).  In the instant case, as gross                                  
            income from the activity did not exceed deductions from the                                  
            activity during any of the years in issue, petitioners are not                               
            entitled to the presumption that Mr. Abbene's horse-related                                  
            activities were engaged in for profit.  Consequently, we address                             
            the aforementioned factors to decide whether Mr. Abbene engaged                              
            in his horse-related activities through the operation of Blue                                
            Ribbon with an actual and honest profit objective during the                                 
            years in issue.                                                                              
                  1.    Manner in Which the Taxpayer Carried On the Activity                             
                  The fact that the taxpayer carries on the activity in a                                
            businesslike manner and maintains complete books and records may                             
            indicate that the activity was engaged in for profit.  Sec.                                  





Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011