Elizabeth Giles - Page 18

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          Hills property and possibly expand that activity to include the             
          boarding of horses.  At or around the time that she bought the              
          Gavilan Hills property, she abandoned this aspiration when she              
          realized that she could not sell the Falling Water Way property             
          at the price that she believed was necessary to fulfill her                 
          aspiration.  Petitioner now intends to sell the Gavilan Hills               
          property undeveloped.                                                       
               Petitioner has paid property taxes for the Gavilan Hills               
          property during each year that she has owned it.  She has not               
          claimed any of those taxes on the Schedules C that she filed for            
          the horse activity.                                                         
                                       OPINION                                        
               This is yet another case of a high-salaried taxpayer                   
          claiming that she may reduce the income taxes payable on her                
          salary by deducting losses incurred in a pastime that is                    
          allegedly engaged in for profit.  We must decide whether                    
          petitioner’s horse activity was “an activity not engaged in for             
          profit” within the meaning of section 183 during 1997 and 1998.             
          If it was, petitioner may not deduct for those years the amounts            
          of losses greater than her income from that activity.  Although             
          petitioner argues in brief that respondent bears the burden of              
          proof pursuant to section 7491(a)(1), petitioner’s counsel (on              
          behalf of petitioner) conceded at trial that petitioner bears the           
          burden of proof.  Petitioner also made a similar concession in              






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