Victor A. and Marion W. Prieto - Page 21




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               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 horses           






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