Robert Bryan Hudnall and Victoria A. - Page 8




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          in value; (5) the success of the taxpayers in carrying on other              
          similar or dissimilar activities; (6) the taxpayers' history of              
          income or loss with respect to the activity; (7) the amount of               
          occasional profits that are earned; (8) the financial status of              
          the taxpayers; and (9) whether elements of personal pleasure or              
          recreation are involved.  No single factor is controlling, and we            
          do not reach our decision by merely counting the factors that                
          support each party's position.  See Dunn v. Commissioner, 70 T.C.            
          715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980); sec. 1.183-              
          2(b), Income Tax Regs.  Rather, the relevant facts and                       
          circumstances of the case are determinative.  See Golanty v.                 
          Commissioner, supra at 426.                                                  
               After considering all the factors, we agree with respondent             
          that petitioners did not have an actual and honest objective of              
          making a profit because:  (1) Petitioners enjoyed substantial                
          personal pleasure and recreation from their horse-related                    
          activities; (2) they did not have any experience or expertise in             
          operating a horse-related business; (3) petitioners' clientele               
          remains unverified; and, (4) petitioners did not carry on their              
          activities in a businesslike manner.  See sec. 1.183-2(b), Income            
          Tax Regs.  Moreover there is no indication that petitioners had              
          any chance of recovering the loss they suffered.  See Bessenyey              
          v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d             
          Cir. 1967); sec. 1.183-2(b)(4), Income Tax Regs.                             





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