Richard J. and Melodie D. McKeever - Page 44




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            horse activity, this tax benefit resulting from the activity does                          
            not prove the absence of a profit motive.  See Engdahl v.                                  
            Commissioner, 72 T.C. at 670.  It is, however, a factor to be                              
            considered.  See Golanty v. Commissioner, 72 T.C. at 429.                                  
                  The size of the horse-related expenditures in comparison to                          
            petitioners’ adjusted gross income is substantial.  In 1991,                               
            1992, and 1993, petitioners reported wage income of $141,724,                              
            $148,169, and $171,379, respectively.  During those same years,                            
            the horse activity lost $55,843, $70,598, and $64,886,                                     
            respectively.                                                                              
                  Petitioners argue that the level of expenses compared to                             
            their gross income favors their position since the amount is more                          
            than one normally would spend on a mere hobby.  Respondent                                 
            asserts that the substantial tax benefits, coupled with the                                
            enjoyment petitioners derived from their horses, suggest the                               
            activity was not engaged in for profit.  We think there is some                            
            truth to both parties’ assertions, but we do not fully agree with                          
            either party.                                                                              
                  This factor does not favor either party’s position in our                            
            analysis.                                                                                  
                  9.  Elements of Personal Pleasure or Recreation                                      
                  The existence of personal pleasure or recreation relating                            
            to the activity may indicate the absence of a profit objective.                            
            See sec. 1.183-2(b)(9), Income Tax Regs.                                                   






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