N. Thomas Ryan - Page 18

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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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