Jack F. and Virginia Surridge - Page 8

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          profit motive where the taxpayer follows such advice.  Sec.                 
          1.183-2(b)(2), Income Tax Regs.  In preparing for an activity, a            
          taxpayer need not make a formal market study, but ordinarily                
          should undertake a basic investigation of the factors that will             
          affect the activity's profitability.  Underwood v. Commissioner,            
          T.C. Memo. 1989-625; Holbrook v. Commissioner, supra.                       
               We do not believe that either petitioner knows the business            
          or economic aspects of a horse racing, breeding, and sales                  
          activity, including, specifically, the way in which such an                 
          activity must be operated in order to return a profit.                      
          Petitioners never studied their activity's market, and they never           
          conducted a basic investigation of the factors that would affect            
          the activity's profitability.  Nor can we find that petitioners             
          knew the activity's accepted business and economic practices.               
          Although petitioners did employ three certified horse trainers in           
          their activity, and consulted a veterinarian, the trainers worked           
          for petitioners for no longer than 8 months, and the veterinarian           
          never advised petitioners on horse breeding or training.  We are            
          unpersuaded that these individuals were utilized to assist                  
          petitioners in running a profitable business.  The same is true             
          with respect to an accountant whom petitioners retained to                  
          represent them during an IRS audit in 1991.  The record contains            
          no evidence that the accountant was retained to assist                      
          petitioners with a business plan for the activity or to establish           
          any other methodology for producing a profit.                               



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