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however, does not necessarily mean that he or she lacks a profit
objective with respect thereto. A profit objective may be
present in the latter case if the activity is truly engaged in
for profit as evidenced by other factors.
Petitioner derived some pleasure from the horse breeding
activity (he enjoyed the horses and attended horse shows and
other events with his wife), but we do not find that the
enjoyment rose to the level of recreational activity. Petitioner
did not ride the horses for recreational purposes, although his
wife rode them when she showed the horses at certain horse-
related events. This factor is neutral.
On the basis of the above analysis, we conclude that
petitioner is not entitled to the claimed losses resulting from
his horse breeding activity.
IV. Filing Status
In order to qualify for rates applicable to “Married
Individuals Filing Joint Returns”, an individual must make a
joint return with his or her spouse pursuant to section 6013.
Sec. 1(a)(1). Joint filing status is not permitted unless a
joint return is filed and made a part of the record before the
case is submitted to the Court for decision. Phillips v.
Commissioner, 86 T.C. 433, 441 n.7 (1986), affd. in part and
revd. in part 851 F.2d 1492 (D.C. Cir. 1988); Gudenschwager v.
Commissioner, T.C. Memo. 1989-6 (“If a taxpayer has not filed a
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