Elizabeth Giles - Page 38

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          on a business basis.  Such is especially so given the fact that             
          she repeatedly referred to her horses throughout her testimony as           
          her “babies”, even in the case when she was referring to one of             
          her horses that was relatively old.21                                       
               Second, petitioner has never decreased the 36 hours per week           
          that she works in her dental practice to devote more time to the            
          horse activity, and she has never increased the 30 hours per week           
          that she spends with her horses.22  The dental practice is an               
          established business, and petitioner claims that the horse                  
          activity is a business in its startup phase.  By her own                    
          admission, however, she works fewer hours per week in her                   
          self-described startup business than she does in her established            
          business.  Given her claim and our finding that she spends time             
          in the horse activity on each day of the week, it also appears              
          that she spends on each of the days that she is not working as a            
          dentist less time in the horse activity than the average 9 hours            
          per day that she works as a dentist.23  We recognize that 30                


               21 Feyras Raehele, Kart Blanche, and Borissa were 24, 24,              
          and 21 years old, respectively, in the year of petitioner’s                 
          trial.                                                                      
               22 Although petitioner did take some time off from her                 
          dental practice, we find no credible evidence in the record from            
          which to conclude that any of this time that she spent in the               
          horse activity was an increase to her regular 30 hours per week.            
               23 In other words, if petitioner had devoted 9 hours a day             
          to the horse activity on each of the 3 days every week that she             
          did not work as a dentist, she would have spent on those 3 days             
                                                             (continued...)           





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