- 10 - Expertise of the Taxpayer or Her Advisers Preparation for an activity by extensive study or consultation with experts may indicate a profit motive where the taxpayer conducts the activity in accordance with such study or advice. Sec. 1.183-2(b)(2), Income Tax Regs. We find that the record amply demonstrates that petitioner has developed an expertise in Appaloosa pedigrees and bloodlines. She has consulted with and followed the advice of acknowledged experts in her industry with respect to the economics of breeding and selling Appaloosas. She has regularly read "The Appaloosa Journal", published by the National Appaloosa Horse Club. She has also served as a judge at Appaloosa shows. We find that this factor favors petitioner. Time and Effort Expended The fact that the taxpayer devotes much of her personal time and effort to carrying on an activity, particularly if the activity does not have substantial recreational aspects, may indicate a profit motive. Sec. 1.183-2(b)(3), Income Tax Regs. The fact that the taxpayer devotes a limited amount of time to an activity does not necessarily indicate a lack of profit motive where the taxpayer employs competent and qualified persons to carry on such activity. Id. Petitioner devoted nearly all of her personal time to her Appaloosas, including her 4 weeks of vacation from her job as a registered nurse. During the taxable years in issue, her billing service dwindled, leaving her more time to devote to her Appaloosas. She selectively hired highlyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011