Joyce E. Hastings - Page 17




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                    3.  The time and effort expended by the taxpayer in               
          carrying on the activity.                                                   
               Respondent argues that petitioner could not have devoted               
          enough time and effort to the horse activity to make it                     
          profitable in 1993.  As support for this claim, respondent relies           
          on the facts that petitioner maintained her law practice in                 
          Huntington Beach, California, during the entire 1993 taxable year           
          and that the driving distance from petitioner’s home in                     
          Huntington Beach, California, to the location of her horse                  
          activity in Julian, California, is approximately 120 miles.  From           
          these facts, respondent argues that petitioner would only have              
          been able to devote any substantial time and effort to her horse            
          activity on an occasional weekend or holiday.  Petitioner claims,           
          however, to have spent a significant amount of time conducting              
          her horse activity in 1993.  She claims that until June 1993, she           
          spent 4 days per week conducting horse activity in Julian,                  
          California.  Petitioner also claims that, starting at the end of            
          June 1993, she spent 6 days per week conducting horse activity in           
          Julian, California.  Petitioner also testified that she purchased           
          a trailer in 1993, presumably to serve as her residence while               
          conducting horse activity in Julian, California.  Petitioner also           
          claims that she began to scale back her law practice during 1993            
          due to her age, the health of her mother, and the increase in her           
          horse activity.  Petitioner offered no corroborating evidence to            






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