Richard E. Cramer - Page 7




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          or recreation involved.  These factors are not merely a counting            
          device where the number of factors for or against the taxpayer is           
          determinative, but rather all facts and circumstances must be               
          taken into account, and more weight may be given to some factors            
          than to others.  Cf. Dunn v. Commissioner, 70 T.C. 715, 720                 
          (1978), affd. 615 F.2d 578 (2d Cir. 1980).  Not all factors are             
          applicable in every case, and no one factor is controlling.  See            
          Abramson v. Commissioner, 86 T.C. 360, 371 (1986); sec. 1.183-              
          2(b), Income Tax Regs.  Further, the determination of a                     
          taxpayer's profit motive is made on a yearly basis.  See                    
          Commissioner v. Sunnen, 333 U.S. 591, 598 (1948).                           
               On this record, the Court is satisfied that petitioner's               
          activity was not carried on primarily for profit.  It is fair to            
          conclude, among other things, that the activity was not conducted           
          in a businesslike manner.  Although the Court is satisfied that             
          petitioner was deeply interested in the activity, his motivation            
          appears to have been primarily his love for horses.  Petitioner             
          had no formal or informal business plan and did not show that he            
          sought the advice of experts on how to conduct the activity on a            
          profitable basis.  He failed to present evidence to show that he            
          spent a significant amount of time on the activity as he was                
          employed on a full time basis during 1996.  There is no                     
          indication in the record that petitioner undertook this activity            
          for any purposes other than his love for horses.  Petitioner has            





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