Dennis L. and Margaret J. Knudsen - Page 30




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         and conferences instructed them on how to run a successful animal            
         breeding business.  Petitioners did not consult a business                   
         adviser, prepare budgets, or implement a business plan.                      
         Petitioners may have become well educated in exotic animal                   
         breeding, but they did not establish an acquired expertise in                
         operating a profitable animal breeding business.                             
              On several occasions, petitioners failed to investigate the             
         profitability of a breed before purchasing an animal.  Mrs.                  
         Knudsen purchased two Clydesdale horses without knowing what the             
         selling price of their offspring would be, and she purchased                 
         other animal breeds that were unfit for the Kansas climate.  In              
         addition, Mrs. Knudsen purchased animals without receiving any               
         health information on them.                                                  
              On balance, we conclude that petitioners did not have, and              
         did not acquire from others, expertise in the economics of the               
         exotic animal breeding business.                                             
              This factor favors respondent’s position.                               
                   3.  Petitioners’ Time and Effort Devoted to the                    
                        Activity                                                      
              The fact that a taxpayer devotes personal time and effort to            
         carry on an activity may indicate an intention to derive a                   
         profit, particularly where there are no substantial personal or              
         recreational elements associated with the activity.  See Daley v.            
         Commissioner, T.C. Memo. 1996-259; sec. 1.183-2(b)(3), Income Tax            
         Regs.  A taxpayer’s withdrawal from another occupation to devote             






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