Elizabeth Giles - Page 41

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          objective.  We disagree.  Petitioner purchased the Gavilan Hills            
          property aspiring to sell the Falling Water Way property, build             
          and move her residence on and to the Gavilan Hills property, and            
          design the Gavilan Hills property so that she could continue her            
          horse activity and possibly expand that activity to include the             
          boarding of horses.  She conceded through her testimony, however,           
          that she abandoned this aspiration incident to her purchase of              
          the Gavilan Hills property.  As to the fact that she sometimes              
          rode her horses on the Gavilan Hills property, we do not believe            
          that this action, which we view to be more pleasure than                    
          business, serves to characterize that property as a business                
          asset.  Nor do we believe that the Gavilan Hills property is                
          properly construed as an asset of the horse activity merely                 
          because petitioner envisioned that she could someday sell it and            
          invest the proceeds in the development of a new location for the            
          horse activity or the start of a new horse boarding activity.               
               This factor favors respondent.                                         
          5.  Taxpayer’s Success in Similar or Dissimilar Activities                  
               Although an activity is unprofitable, the fact that a                  
          taxpayer has previously converted comparable activities from                
          unprofitable to profitable enterprises may show a profit                    
          objective.  Sec. 1.183-2(b)(5), Income Tax Regs.                            
               Petitioner notes that she successfully established her                 
          dental practice and argues that this factor weighs in her favor.            






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