- 11 - substituted for “3” and “7” for “5”. Petitioner has never reported a profit from his horse activity. Section 1.183-2(b), Income Tax Regs., sets forth some relevant factors for determining whether an activity is engaged in for profit. The relevant factors are: (1) The manner in which the taxpayer carries on the activity; (2) the expertise of the taxpayer or his advisers; (3) the time and effort expended by the taxpayer in carrying on the activity; (4) the expectation that assets used in the activity may appreciate in value; (5) the success of the taxpayer in carrying on other similar or dissimilar activities; (6) the taxpayer’s history of income or losses with respect to the activity; (7) the amount of occasional profits, if any, which are earned; (8) the financial status of the taxpayer; and (9) the presence of elements of personal pleasure or recreation. Not all of these factors are applicable in every case, and no one factor is controlling. See sec. 1.183- 2(b), Income Tax Regs. We now apply each of these factors to the facts in this case. (1) Manner in Which the Taxpayer Carries on the Activity Petitioner argues that his actions evidenced a business plan and cites Phillips v. Commissioner, T.C. Memo. 1997-128. In Phillips, the taxpayers had a business plan. They calculated the costs per horse, per month. They estimated when their horsePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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