- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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