- 9 - Significantly, petitioner did not seek professional advice on the economic aspects of horse breeding. Taken as a whole, these facts do not persuade us that the activity had a profit motive. Elements of Personal Pleasure The absence of personal pleasure or recreation relating to the activity in question may indicate the presence of a profit objective. Sec. 1.183-2(b)(9), Income Tax Regs. The mere fact that a taxpayer derives personal pleasure from a particular activity does not, per se, demonstrate a lack of profit motive. Petitioner stipulated that he derived personal pleasure and enjoyment from the horse breeding activity. Based on the facts of this case, we find that this factor weighs against petitioner. Time and Effort Expended by Petitioner Petitioner spent a significant amount of time on the horse breeding activity; however, he also stipulated that he received pleasure from the horse breeding activity. Where an activity has substantial personal or recreational aspects, the time and effort spent may be due to a taxpayer's enjoyment of the activity rather than an intent to derive a profit. White v. Commissioner, 23 T.C. 90, 94 (1954), affd. per curiam 227 F.2d 779 (6th Cir. 1955). Although enjoying an activity does not preclude a profit objective, the facts of this case suggest that petitioner spent time on the activity due to his fondness for horses rather thanPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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