Elizabeth Giles - Page 20

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               1.   Manner in Which Petitioner Carried On the Horse                   
                    Activity                                                          
               To determine whether a taxpayer carried on an activity in a            
          businesslike manner, three subfactors may be considered.  Sec.              
          1.183-2(b)(1), Income Tax Regs.                                             
                    a.   Complete and Accurate Books and Records                      
               The fact that the taxpayer carries on the activity in a                
          businesslike manner and maintains complete and accurate books and           
          records may indicate that the activity is engaged in for profit.            
          Elliott v. Commissioner, 90 T.C. 960, 972 (1988), affd. without             
          published opinion 899 F.2d 18 (9th Cir. 1990); Engdahl v.                   
          Commissioner, 72 T.C. 659, 666 (1979); sec. 1.183-2(b)(1), Income           
          Tax Regs.                                                                   
               Petitioner asserts that she kept complete and accurate books           
          and records and argues that respondent’s concession that she                
          substantiated her Schedule C expenses so indicates.  Annual                 
          profit and loss statements were introduced into evidence for the            
          years 1988 through 2003, including the years in issue.  These               
          statements were prepared by Ms. Pope and used by Mr. Wessman to             
          prepare petitioner’s Schedules C.                                           
               Although petitioner’s annual profit and loss statements were           
          sufficient to substantiate her Schedule C expenses, these                   
          statements are not indicative that the horse activity was carried           
          on for profit for the purposes of section 1.183-2(b)(1), Income             
          Tax Regs.  This Court has stated:                                           





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