- 21 - from treating a hobby as a business may induce a taxpayer, who has enough income, to invest in that hobby where the taxpayer would not otherwise do so. Engdahl v. Commissioner, supra at 680. This factor favors respondent. 9. Elements of Personal Pleasure The presence of recreational or personal motives in conducting an activity may indicate that the taxpayer is not conducting the activity for profit. Sec. 1.183-2(b)(9), Income Tax Regs. A taxpayer's enjoyment of an activity does not show that the taxpayer lacks a profit objective if the activity is, in fact, conducted for profit as shown by other factors. Jackson v. Commissioner, 59 T.C. 312, 317 (1972); sec. 1.183-2(b)(9), Income Tax Regs. However, if the possibility for profit is small compared to the possibility for gratification, the latter possibility may be the primary motivation for the activity. White v. Commissioner, 23 T.C. 90, 94 (1954), affd. per curiam 227 F.2d 779 (6th Cir. 1955). Petitioners point out that neither petitioner nor his family rode his horses. Despite this, we think petitioner owned horses for 37 years, despite losing $6 million, because he enjoyed it. From petitioners' standpoint, this factor is at best neutral. 10. Conclusion We conclude that petitioner did not operate his horse racing and breeding activity for profit in 1992 and 1993.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011