Richard L. and Marjorie A. Pitts - Page 2




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          objective of making a profit within the meaning of section 183;             
          if so, (2) whether petitioners are entitled to a depreciation               
          deduction for their barn; (3) whether petitioners realized a                
          capital gain in the amount of $2,000 in 1993; and (4) whether               
          petitioners are liable for the accuracy-related penalty pursuant            
          to section 6662(a).2                                                        
                                     Background                                       
               As a preliminary matter, both parties raised relevancy                 
          objections to certain exhibits.  Rule 401 of the Federal Rules of           
          Evidence, applicable to this Court pursuant to Rule 143 and                 
          section 7453, defines relevant evidence as “evidence having any             
          tendency to make the existence of any fact that is of consequence           
          to the determination of the action more probable or less probable           
          than it would be without the evidence.”  Upon reviewing the                 
          exhibits in question, we find they are relevant within the                  
          meaning of rule 401 of the Federal Rules of Evidence.  The                  
          objections are overruled.                                                   
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated herein by this reference.  At the time they filed              
          their petition, petitioners resided in Whittier, California.                
               Marjorie Pitts (petitioner) acquired her first horse and               
          started training horses in 1958.  She started showing horses                
          professionally in 1960 for an executive on the east coast.  Two             

          2  Petitioners raised the issue of innocent spouse (as to                   
          one or both) in their petition but conceded the matter at trial.            

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