Richard L. and Marjorie A. Pitts - Page 16




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          profits are occasional and small or nonexistent.  See id.  Horse            
          breeding and racing are highly speculative ventures.  Petitioners           
          did not report a profit in any of the years they carried on the             
          horse-related activity.                                                     
               8. Petitioners’ Financial Status                                       
               Substantial income from sources other than the activity,               
          particularly if the losses from the activity generate substantial           
          tax benefits, may indicate that the activity is not engaged in              
          for profit, especially if there are personal or recreational                
          elements involved.  See sec. 1.183-2(b)(8), Income Tax Regs.                
               Petitioner earned $52,815 in 1993, and Mr. Pitts received              
          $11,659 in Social Security benefits.  Petitioners derived some              
          tax benefits from their claimed losses.                                     
               9. Elements of Personal Pleasure                                       
               The mere fact that a taxpayer derives personal pleasure from           
          a particular activity does not show a lack of profit motive.  See           
          sec. 1.183-2(b)(9), Income Tax Regs.  The presence of personal              
          motives may indicate that the activity is not engaged in for                
          profit.  This is especially true when there are recreational                
          elements involved.  See id.                                                 
               It is not clear from the record whether petitioner rode the            
          horses.  We assume that Mr. Pitts could not because of his                  
          disability.  It is clear, though, that petitioners enjoyed horses           
          and have a long history of working with them.                               





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