UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60017
JAMES L. SULLIVAN; DOROTHY B. SULLIVAN,
Petitioners-Appellants,
VERSUS
COMMISSIONER OF INTERNAL REVENUE,
Respondent-Appellee.
Appeal from the United States Tax Court
(3332-96)
November 8, 1999
Before DAVIS, JONES and MAGILL1, Circuit Judges.
PER CURIAM:**
Our review of the record reveals that the findings of the Tax
Court are supported by the evidence and are not clearly erroneous.
We also conclude that the Tax Court did not err in applying those
facts to the factors the fact finder is required to consider by 26
C.F.R. § 1.183-2(B) in assessing whether an activity is a hobby or
a business. Because the Tax Court did not err in concluding that
the taxpayers’ cutting horse activities were a hobby and not a
business, its judgment is
AFFIRMED.
1
Circuit Judge of the Eighth Circuit, sitting by designation.
**
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.