Dale Allan Rinehart - Page 9

                                        - 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 than             



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011