Rhett Rance Smith and Alice Avila Smith, et al. - Page 60




                                        - 60 -                                        
               Our analysis of the nine factors reveals that, overall,                
          Rance did not enter into or continue his cutting horse activity             
          with the requisite profit motive.  We hold that respondent’s                
          determination disallowing the losses from that activity was not             
          in error.                                                                   
               Zane’s Staffordshire Bull Terrier Activity                             
               Zane became interested in dogs when he was 12 years old,               
          after attending a dog show.  Thereafter, his parents bought him             
          his first Staffordshire Bull Terrier.7  He became involved in dog           
          showing, breeding, and judging, and by 1985, at age 22, he served           
          as the youngest championship show judge in recent history.                  
          During the years in issue he attended many dog shows and owned or           
          coowned as many as 30 to 40 dogs.  Most of the dogs lived with              
          their handlers or with his coowners.                                        
               Zane believed that showing or judging dogs at shows did not            
          normally generate revenue, but breeding and selling puppies could           
          have potential for revenue.  More revenue would result if his               
          dogs showed well and/or won medals at a show.  Zane has semen               
          stored from two of his dogs.  He testified that a breeding                  
          typically requires two straws of semen and he could charge around           
          $2,000 per breeding.  He estimated that the 80 straws he had at             




               7 Ultimately, Zane became a noted expert in American and               
          Staffordshire Bull Terriers.                                                





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