- 38 - 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...)Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011