- 11 - returns for 2002 and 2003. Therefore, the Court has no information in the record regarding the history of income or loss from those activities. Factor (8): The Financial Status of the Taxpayer Petitioner had substantial income from his automotive sales employment during the year in issue. Based on the record, it appears he was financially capable of supporting the losses generated by Mrs. Cooper’s horse barrel-racing activities. Factor (9): Elements of Personal Pleasure or Recreation The presence of personal motives in carrying on an activity may indicate that the activity is not engaged in for profit, especially where there are recreational or personal elements involved. Sec. 1.183-2(b)(9), Income Tax Regs.; see also Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987)(where the Court stated that a hobby or amusement diversion does not qualify as constituting a profit objective.) Mrs. Cooper has been an avid rider of horses since early childhood. Additionally, in conducting her horse-related activities, she gave riding lessons without charge and failed to pursue memberships that would have enabled her to obtain independent financing of her activities. Based upon the facts presented, the Court concludes that Mrs. Cooper engaged in her horse barrel-racing activities primarily for recreation and personal pleasure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011