Richard L. and Marjorie A. Pitts - Page 8




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               During 1993, petitioner worked about 35-37 hours a week as a           
          litigation specialist, and Mr. Pitts, not working because of his            
          disability, would feed and water the horses every day.  After               
          work, petitioner cleaned the stalls and did the heavy work that             
          Mr. Pitts could not do.  Petitioner consulted her breeding charts           
          to see if any mares were due to breed, and she would do the                 
          breeding.  Ding Dong Daddy was the stud used by petitioner in               
          1993.                                                                       
               For 1993, petitioner earned $52,815, and Mr. Pitts collected           
          $11,6597 in Social Security benefits.  On their Schedule C for              
          1993 petitioners listed Midget Acres as their business.  They               
          reported $2,8028 in gross income and claimed the following                  
          expenses:                                                                   

                         Expense                  Amount                              
                         Car and truck            $2,182                              
                         Depreciation              1,818                              
                         Office                       72                              
                         Dues and subscriptions      161                              
                         Feed                      6,854                              
                         Shoeing                     400                              
                         Trash                       744                              
                         Vet fees                 1,501                               
                         Total                    13,732                              
          This resulted in a net loss of $10,930.  Petitioners retained               
          receipts for the horse-related expenses.                                    




          7  Of this amount, $5,830 was taxable.                                      
          8  We note that petitioners’ chart shows that they collected                
          $2,892.  This discrepancy was neither noticed nor explained but             
          is irrelevant in light of our holding on the sec. 183 issue.                

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