- 17 - activity; (8) the financial status of the taxpayer; and (9) elements of personal pleasure or recreation. This list is nonexclusive, and the number of factors for or against the taxpayer is not necessarily determinative, but rather all facts and circumstances must be taken into account, and more weight may be given to some factors than to others. Id.; cf. Dunn v. Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980). As an initial matter, respondent contends that Mr. Rinehart’s testimony regarding the horse breeding activity was not credible and that his “uncorroborated” testimony should be disregarded. We disagree. Other witnesses corroborated Mr. Rinehart’s testimony regarding the horse breeding activity. We found Mr. Rinehart’s testimony regarding this particular issue to be credible.21 Manner in Which the Activity Is Conducted The fact that a taxpayer carries on the activity in a businesslike manner and maintains complete and accurate books and records may indicate a profit objective. Sec. 1.183-2(b)(1), Income Tax Regs. The evidence established that Mr. Rinehart kept complete and accurate books and records and that he operated the horse breeding activity in a businesslike manner. Mr. Rinehart had a business plan for the horse breeding 21 This does not mean we find Mr. Rinehart’s testimony regarding other issues presented in this case to be credible. We make no such finding herein.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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