Rhett Rance Smith and Alice Avila Smith, et al. - Page 55




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               Rance was generally knowledgeable about cutting horses and             
          had experience in riding, breeding, and caring for these animals.           
          Rance consulted with numerous experts; however, he did not detail           
          the specific advice received or how he employed that advice in              
          the activity.  He sought no professional advice on the economics            
          of the cutting horse activity.  He did, however, seek advice                
          about the tax aspects and ways to avoid classification of the               
          activity as a hobby.  Rance did seek guidance and advice from               
          others, but he failed to explain how the advice he obtained was             
          used or how it assisted in the attempt to seek profits from the             
          activity.  However, this factor favors Rance and LaRhea.                    
               3.  Time and Effort Spent in Conducting the Activity--The              
          fact that the taxpayer devotes much of his personal time and                
          effort to carrying on an activity, particularly if the activity             
          does not have substantial personal or recreational aspects, may             
          indicate an intention to derive a profit.  Sec. 1.183-2(b)(3),              
          Income Tax Regs.                                                            
               Rance spent 8 to 10 hours a week on this activity.  His                
          involvement with cutting horses provided a recreational benefit.            
          The record is sparse, however, on the specifics of Rance’s                  
          involvement in this activity.  Accordingly, this factor favors              
          respondent’s determination.                                                 
               4.  Expectation That the Assets Will Appreciate in Value--             
          The taxpayer’s expectation that the assets used in the activity             
          may appreciate in value may, under certain circumstances,                   





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