Elizabeth Giles - Page 33

                                       - 33 -                                         
               Petitioner often spent 6 hours a day with her horse                    
          activity.  Petitioner argues that the activity does not have                
          substantial personal or recreational aspects.  Petitioner places            
          heavy emphasis on the time spent feeding and watering her horses            
          and cleaning stalls.                                                        
               Petitioner asserts that her horse activity did not have any            
          personal or recreational aspects.  While the Court recognizes               
          that feeding and watering her horses and cleaning stalls may not            
          be enjoyable activities, unpleasant tasks associated with caring            
          for horses are required regardless of whether the activity is               
          pursued as a hobby or a business.  See Sullivan v. Commissioner,            
          supra.  Petitioner has ridden and shown horses since she was a              
          child.  Though she does not ride in parades or attend social or             
          charity functions, petitioner certainly derives some personal               
          pleasure from riding and showing her horses.  However, personal             
          pleasure derived from an activity will not turn a business into a           
          hobby.  Jackson v. Commissioner, 59 T.C. 312, 317 (1972); see               
          also McKeever v. Commissioner, T.C. Memo. 2000-288.                         
               Petitioner spends a significant amount of time with her                
          horse activity.  Nevertheless, because the horse activity has               
          significant personal and recreational components, this factor is            
          neutral.                                                                    









Page:  Previous  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  Next

Last modified: May 25, 2011