Elizabeth Giles - Page 32

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          library might possibly contain information regarding the business           
          aspects of horse breeding.  She further testified that some of              
          the monthly publications contained business information.                    
          However, petitioner did not testify to how she used this                    
          information, if at all, in her activity.                                    
               On the basis of the above, we conclude that petitioner was             
          not an expert and did not seek out expert advice regarding the              
          economic aspects of running a profitable horse-breeding business.           
          This factor weighs in favor of respondent’s position.                       
               3.   Time and Effort Petitioner Expended in Carrying                   
                    On the Activity                                                   
               The fact that the taxpayer devotes much of her personal time           
          and effort to carrying on an activity may indicate an intention             
          to derive a profit, particularly if the activity does not have              
          substantial personal or recreational aspects.  Golanty v.                   
          Commissioner, 72 T.C. at 426; Sullivan v. Commissioner, T.C.                
          Memo. 1998-367, affd. 202 F.3d 264 (5th Cir. 1999); Morley v.               
          Commissioner, T.C. Memo. 1998-312;11 sec. 1.183-2(b)(3), Income             
          Tax Regs.                                                                   

               11  Petitioner places heavy emphasis on Morley v.                      
          Commissioner, T.C. Memo. 1998-312, where the Court held that the            
          taxpayer operated his horse activity for profit.  Like                      
          petitioner, Mr. Morley worked 4 days a week in his dental                   
          practice and 7 days a week with his horse activity.  However, the           
          present case is readily distinguishable.  Among other                       
          differences, Mr. Morley advertised, created promotional                     
          materials, and was not involved in the recreational components of           
          horse ownership, specifically riding his horses, to any                     
          significant extent.                                                         





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