Courtney and Brenda Lundquist - Page 19




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               Petitioners contend that petitioner's books were like those            
          kept by the taxpayer in Phillips v. Commissioner, T.C. Memo.                
          1997-128, whom we held conducted a horse activity for profit.  We           
          disagree.  In Phillips, the taxpayers had a business plan.  They            
          calculated the costs per horse per month.  They estimated when              
          their horse activity would become profitable.  They performed a             
          detailed analysis of their horse activity and planned each of               
          their horses' breedings.  Petitioner did not do so.  Phillips               
          also differs from this case because the taxpayers in Phillips               
          made significant changes in their operating methods by adding               
          horse boarding, training, teaching classes, and operating a tack            
          shop to sell equipment.                                                     
                    d.     Commingling of Funds                                       
               Commingling of funds suggests that the activity is a hobby             
          rather than a business for profit.  See Rinehart v. Commissioner,           
          T.C. Memo. 1998-205; Ballich v. Commissioner, T.C. Memo. 1978-              
          497.  Petitioner paid the expenses of the horse breeding activity           
          from petitioners' personal account.  She had no separate bank               
          accounts for the horse breeding activity.                                   
               Petitioners used a credit card for her horse activity.                 
          However, she did not say that she paid all of the horse activity            
          expenses with the credit card, and she paid the credit card bills           
          from petitioners' personal checking account.  She did not                   
          segregate income from her horse activity.                                   






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