Louis J. Novak - Page 11




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          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 horse                






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