- 37 - personal or recreational aspects. McKeever v. Commissioner, supra; Daley v. Commissioner, supra. A taxpayer’s withdrawal from another occupation to devote his or her time and effort to an activity also may indicate a profit objective. Burleson v. Commissioner, T.C. Memo. 1983-570; sec. 1.183-2(b)(3), Income Tax Regs. Petitioner asserts that she performs almost all of the work in the horse activity and that she spends 30 hours a week working in this activity.20 Petitioner concludes that this factor “clearly” weighs “heavily” in her favor. We disagree. First, petitioner presented no documentary evidence to support her claim that she spent 30 hours per week working on the horse activity, and we find that the referenced 30 hours includes all of the time that petitioner spent with her horses, including time that was personal or recreational to her. We thus discount her testimony that 100 percent of the time that she spent with her horses was for business. We also note that this testimony is somewhat incredible on its face. Petitioner was deeply involved with horses before starting the horse activity in 1988, and she bought her first horse because she missed the pleasure of being with horses. It is quite a stretch for her now to ask us to believe that her only involvement with horses since 1988 has been 20 Although petitioner testified generally that she budgeted “at least” 30 hours a week to spend with her horses, she argues in her brief that she spent a flat 30 hours.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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