Jack F. and Virginia Surridge - Page 5

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          total income (loss), taxable income (loss), and Federal tax                 
          liability:                                                                  
                               1990      1991   1992     1993    1994                 
          Pension income $20,511   $22,314   $22,504   $23,584   $25,114              
          Self-employment income  24,937    22,450    21,092    13,317     6,819      
          Capital gain income       none     none       none     38,500      none     
          Farm income (loss)     (46,475)  (60,224)  (32,203)   (39,302)  (50,786)    
          Total income (loss)       (919)  (13,628)   11,394     41,808   (18,489)    
          Taxable income (loss)  (11,769)  (23,088)     (605)    29,508   (32,739)    
          Federal tax liabilitynone     none     none      4,429      none             
                                       OPINION                                        
          I.  Profit Motive                                                           
               This is another case of taxpayers claiming that they may               
          deduct losses from a horse activity because they allegedly                  
          entered into the activity for profit.  Section 183(a) generally             
          limits the amount of expenses that may be deducted with respect             
          to an activity "not engaged in for profit".  Whether an                     
          individual conducts an activity for profit rests on whether he or           
          she engages in the activity with the primary purpose of reaping a           
          profit.  Wolf v. Commissioner, 4 F.3d 709, 713 (9th Cir. 1993),             
          affg. T.C. Memo. 1991-212; see also Warden v. Commissioner, T.C.            
          Memo. 1995-176, affd. without published opinion 111 F.3d 139 (9th           
          Cir. 1997).  Whether petitioners engaged in their horse activity            
          with the requisite profit objective must be determined from the             
          facts and circumstances of the case.  Golanty v. Commissioner,              
          72 T.C. 411, 426 (1979), affd. without published opinion 647 F.2d           
          170 (9th Cir. 1981); sec. 1.183-2(a) and (b), Income Tax Regs.              
          Petitioners bear the burden of proof, Rule 142(a); Welch v.                 
          Helvering, 290 U.S. 111, 115 (1933), and more weight is given to            




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