Dean L. and Cynthia D. Sanders - Page 16





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          not have engaged in the activity for profit.  See sec. 1.183-               
          2(a), Income Tax Regs.                                                      
               Petitioner is a wealthy, successful businessman.  Petitioner           
          testified that he and his wife had long planned that he would               
          leave Wal-Mart when he was 45 years old.  Petitioner began                  
          working for Wal-Mart when he was in college and retired after               
          25 years, in 1995, when, we assume, he was approximately 45 years           
          old.  In 1985, petitioner acquired an interest in the Arkansas              
          ranch.  In 1987, petitioner began what we have characterized as             
          the Schedule F activity.  In 1996, following his retirement from            
          Wal-Mart, petitioner moved to Texas and formed a limited                    
          liability company to engage in the business of horse breeding and           
          training.  The Texas ranch was substantially bigger than the                
          Arkansas ranch.  We believe that during the years in issue                  
          petitioner undertook and carried on the Schedule F activity                 
          primarily as a hobby.  We reach that conclusion taking into                 
          account petitioner’s statement of his intent but giving greater             
          weight to the factors set forth in the regulations, in light of             
          the facts before us.  Most prominently, the Schedule F activity             
          failed to generate even occasional profits, a factor to be taken            
          account of under section 1.183-2(b)(7), Income Tax Regs., which             
          failure did not seem paramount to petitioner, a wealthy                     
          businessman, another factor to be taken into account, under                 
          section 1.183-2(b)(8), Income Tax Regs.  In the following                   





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