Jane Freed - Page 10

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          II.  Application of the Factors                                             
               1.  The Manner in Which the Taxpayer Carried On the Activity           
               We begin by examining the manner in which petitioner carried           
          on her thoroughbred horse breeding and racing activities.  The              
          fact that a taxpayer carries on the activity in a businesslike              
          manner may indicate a profit objective.  Sec. 1.183-2(b)(1),                
          Income Tax Regs.  In deciding whether a taxpayer conducted an               
          activity in a businesslike manner, we consider whether accurate             
          books were kept, whether the activity was conducted in a manner             
          substantially similar to that of other for-profit activities of             
          the same nature, and whether changes were made in an attempt to             
          earn a profit.  Ballich v. Commissioner, T.C. Memo. 1978-497;               
          sec. 1.183-2(b)(1), Income Tax Regs.                                        
               Petitioner did not conduct her thoroughbred horse breeding             
          and racing activities in a businesslike manner.  Although she               
          kept adequate records and employed a CPA to prepare a few                   
          financial statements, respondent argues, and we are persuaded,              
          that she failed to make meaningful changes3 in her method of                
          operation despite a 14-year history of significant losses.  Her             
          enduring losses of this magnitude without making changes shows              


               3Petitioner changed trainers and adapted her breeding                  
          activities to adapt to qualifying criteria changes in the New               
          York Breeders Program.  These changes did not occur, however,               
          until after 1996, the year in question.  Accordingly, we place no           
          weight on petitioner’s argument that these changes were made to             
          stem petitioner’s losses before 1996.                                       





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