- 21 - E. Petitioners’ Financial Status Substantial income from sources other than the activity in question, particularly if the activity's losses generate substantial tax benefits, may indicate that the activity is not engaged in for profit. Sec. 1.183-2(b)(8), Income Tax Regs. From 1991 through 1998, petitioners’ net profit from Dr. Prieto’s medical practice averaged $638,253. This factor weighs against petitioners. F. Elements of Personal Pleasure The absence of personal pleasure or recreation relating to the activity in question may indicate the presence of a profit objective. Sec. 1.183-2(b)(9), Income Tax Regs. Petitioners and their children derived substantial amounts of pleasure from the horse activity. Based on the facts of this case, we find that this factor weighs against petitioners. G. Additional Facts The following additional facts also support our conclusion that the horse activity was not entered with the primary, predominant, or principal purpose of making a profit. The evidence established that petitioners’ daughters mainly rode the horses in equitation competitions. Equitation competitions grade the rider and not the horse. Dr. Prieto also testified that he went to the horse shows to watch his daughters compete. Dr. Prieto testified that petitioners never purchased horsesPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011