Joseph E. Machado - Page 14

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          loss 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) whether elements of personal pleasure or              
          recreation are involved.  Sec. 1.183-2(b), Income Tax Regs.                 
               While the taxpayer's expectation of profit need not be                 
          reasonable, the facts and circumstances must demonstrate that the           
          taxpayer engaged in the activity, or continued to engage in the             
          activity, with an objective of making a profit.  Golanty v.                 
          Commissioner, 72 T.C. 411, 425-426 (1979), affd. without                    
          published opinion 647 F.2d 170 (9th Cir. 1981); Allen v.                    
          Commissioner, supra at 33; sec. 1.183-2(a), Income Tax Regs.  In            
          determining whether an activity is engaged in for profit, greater           
          weight is given to objective facts than to the taxpayer's mere              
          statement of intent.  Sec. 1.183-2(a), Income Tax Regs.                     
               Although no one factor is conclusive, evidence that a                  
          taxpayer did not engage in an activity with the objective to earn           
          a profit, a record of substantial losses over many years, and the           
          unlikelihood of achieving a profit are important factors bearing            
          on the taxpayer's true objective.  Golanty v. Commissioner, supra           
          at 426; sec. 1.183-2(b)(6), Income Tax Regs.  Petitioners have              
          the burden of proof on this issue.  Rule 142(a).                            
               Petitioners argue, among other things, that they conducted             
          their horse breeding and horse racing activities in a                       
          businesslike manner, that they made appropriate adjustments to              
          the manner in which they operated both activities, and that they            




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