Judith A. Sanders-Castro - Page 10

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          carrying on the activity; (4) the expectation that the assets               
          used in the activity may appreciate in value; (5) the success of            
          the taxpayer in carrying on other similar or dissimilar                     
          activities; (6) the taxpayer’s history of income or losses with             
          respect to the activity; (7) the amount of occasional profits, if           
          any, which are earned; (8) the financial status of the taxpayer;            
          and (9) any elements indicating personal pleasure or recreation.            
          See sec. 1.183-2(b), Income Tax Regs.                                       
               No single factor, nor even the existence of a majority of              
          factors favoring or disfavoring the existence of a profit                   
          objective, is controlling.  See id.  Rather, the relevant facts             
          and circumstances of the case are determinative.  See Golanty v.            
          Commissioner, 72 T.C. 411, 426 (1979), affd. without published              
          opinion 647 F.2d 170 (9th Cir. 1981).  Although there are facts             
          that favor petitioner, on the basis of all of the facts and                 
          circumstances in the present case, we must find that petitioner             
          was not engaged in her horse showing and breeding activities for            
          profit within the meaning of section 183.  See Rule 142(a);                 
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).                                        
               We do not analyze in depth all nine of the factors                     
          enumerated in the regulation but rather focus on some of the more           
          important ones that lead to our decision.                                   







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