Dana L. McNaught - Page 10




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          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 highly             


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