Larry T. Cooper - Page 12

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          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.                                                          






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