Courtney and Brenda Lundquist - Page 16




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                                    II.  OPINION                                      
          A.   Background                                                             
               The issue for decision is whether petitioner operated her              
          horse breeding activity for profit in 1988, 1989, and 1990.                 
               An activity is conducted for profit if it is conducted with            
          an actual and honest profit objective.  Osteen v. Commissioner,             
          62 F.3d 356, 358 (11th Cir. 1995), affg. in part and revg. on               
          other issues T.C. Memo. 1993-519; Surloff v. Commissioner, 81               
          T.C. 210, 233 (1983); Dreicer v. Commissioner, 78 T.C. 642, 645             
          (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983).  In           
          deciding whether petitioner operated her horse racing and                   
          breeding activity for profit, we apply the nine factors listed in           
          section 1.183-2(b), Income Tax Regs.  The factors are:  (1) The             
          manner in which the taxpayer carried on the activity; (2) the               
          expertise of the taxpayer or his or her advisers; (3) the time              
          and effort expended by the taxpayer in carrying on the activity;            
          (4) the expectation that the assets used in the activity may                
          appreciate in value; (5) the success of the taxpayer in carrying            
          on other similar or dissimilar activities; (6) the taxpayer's               
          history of income or loss with respect to the activity; (7) the             
          amount of occasional profits, if any, which are earned; (8) the             
          financial status of the taxpayer; and (9) whether elements of               
          personal pleasure or recreation are involved.  No single factor             
          controls.  Osteen v. Commissioner, supra; Brannen v.                        
          Commissioner, 722 F.2d 695, 704 (11th Cir. 1984), affg. 78 T.C.             
          471 (1982); sec. 1.183-2(b), Income Tax Regs.  Petitioners have             


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