Elizabeth Giles - Page 36

                                       - 36 -                                         
          revenue she could expect, or what risks might impair the                    
          production of these revenues.  She also has not established that            
          she undertook a basic investigation of the factors that affected            
          the profitability of a horse breeding and showing activity.  See            
          Vallette v. Commissioner, T.C. Memo. 1996-285; Underwood v.                 
          Commissioner, T.C. Memo. 1989-625; see also McKeever v.                     
          Commissioner, T.C. Memo. 2000-288 (taxpayer’s background as a               
          lifelong horsewoman did not provide sufficient expertise as to              
          the economic aspects of a horse pursuit to indicate a profit                
          objective).  As in Daley v. Commissioner, T.C. Memo. 1996-259,              
          petitioner apparently started her horse activity with little                
          concept of the expenses involved or of the steps required to                
          achieve cost efficiency and an eventual profit and has continued            
          to operate the activity in the same manner.  See also Rinehart v.           
          Commissioner, T.C. Memo. 1998-205.  While a taxpayer need not               
          prepare for an activity by making a formal market study, he or              
          she should at least undertake a basic investigation of the                  
          factors that would affect profit.  Underwood v. Commissioner,               
          supra; Burger v. Commissioner, T.C. Memo. 1985-523.                         
               This factor favors respondent.                                         
          3.  Time and Effort Spent Conducting the Activity                           
               The fact that a taxpayer devotes much of his or her personal           
          time and effort to an activity may indicate a profit objective,             
          especially where the activity does not involve substantial                  






Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  Next

Last modified: May 25, 2011