Elizabeth Giles - Page 37

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          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.                                





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