James L. Sullivan and Dorothy B. Sullivan - Page 13

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          Appeals for the Fifth Circuit, to which this case is appealable,            
          has stated that taxpayers whose activities are challenged under             
          section 183 "bear the burden of proving that their activities               
          * * * were engaged in with the primary purpose of earning a                 
          profit."  Westbrook v. Commissioner, 68 F.3d 868, 876 (5th Cir.             
          1995), affg. per curiam T.C. Memo. 1993-634.  (Emphasis added.)             
               Section 1.183-2(b), Income Tax Regs., sets forth a                     
          nonexclusive list of factors that should normally be taken into             
          account in determining whether the requisite profit objective has           
          been shown.  The factors are: (1) Manner in which the taxpayer              
          carries on the activity; (2) the expertise of the taxpayer or his           
          advisers; (3) the time and effort expended by the taxpayer; (4)             
          expectation that assets used in activity may appreciate in value;           
          (5) the success of the taxpayer in carrying on similar or                   
          dissimilar activities; (6) the taxpayer's history of income or              
          losses with respect to the activity; (7) the amount of occasional           
          profits, if any, which are earned; (8) the financial status of              
          the taxpayer; and (9) elements of personal pleasure or                      
          recreation.  No single factor is determinative.  Sec. 1.183-2(b),           
          Income Tax Regs.                                                            
               Petitioners argue that their horse-related activities were             
          engaged in for profit because they were trying, albeit with                 
          limited success, to develop a championship quality cutting horse            
          stallion that would appreciate in value substantially and command           





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