Jack F. and Virginia Surridge - Page 12

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          stud or that they had developed an organized plan to reap a                 
          profit from breeding or racing horses in the future.                        
               This factor favors respondent.                                         
          8.  Petitioners' Financial Status                                           
               We consider petitioners' financial status.  Sec.                       
          1.183-2(b)(8), Income Tax Regs.  Substantial income from sources            
          other than the activity, particularly if the activity's losses              
          generated substantial tax benefits, may indicate that the                   
          activity is not engaged in for profit.  This is especially true             
          where there are personal or recreational elements involved.  Id.            
               Petitioners received income mainly from Ms. Surridge's                 
          insurance business and from Mr. Surridge's pension.  For 1990               
          through 1994, petitioners' taxable income, if they had not                  
          claimed the losses on their horse activity, would have equaled              
          $34,706, $37,136, $31,598, $68,610, and $18,047, respectively.              
          Petitioners' ability to earn income from sources other than their           
          horse activity enabled them to finance the activity and to use              
          its losses to shelter their other income from Federal income tax.           
          The claimed losses for the activity also allowed petitioners to             
          shelter Ms. Surridge's self-employment income from Federal                  
          self-employment tax.                                                        
               This factor favors respondent.                                         
          9.  Elements of Personal Pleasure                                           
               We consider the personal pleasure derived by petitioners in            
          conducting their activity.  Sec. 1.183-2(b)(9), Income Tax Regs.            



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