Michael T. Shane - Page 14

                                       - 14 -                                         
          several hours each morning caring for his horses prior to going             
          to his full-time job.  Petitioner also testified that he spent              
          several hours each night similarly caring for his horses.                   
          Petitioner further testified that on numerous occasions the                 
          nature of his work kept him at the boarding facility until                  
          midnight.  On many of these occasions, rather than commute to his           
          residence only to commute back to the boarding facility 4 or 5              
          hours later, petitioner testified that he slept in his automobile           
          at the boarding facility.                                                   
               Fourth, an expectation that assets used in the activity may            
          appreciate in value may be an indication of a profit objective.             
          Engdahl v. Commissioner, 72 T.C. at 668; Anderson v.                        
          Commissioner, T.C. Memo. 1992-102; sec. 1.183-2(b)(4), Income Tax           
          Regs.  The expectation that he would experience appreciation in             
          the value of his horses was a principal factor underlying                   
          petitioner's motivation for maintaining his horses.  During the             
          early years of his operation, petitioner concentrated on racing.            
          In doing so, petitioner may have been somewhat less inclined to             
          expect his horses to appreciate in value.  But petitioner altered           
          the focus of his activity and began concentrating heavily on                
          breeding.  Here asset appreciation was petitioner's principal               
          expectation.  Petitioner studied pedigree records in order to               
          determine what he believed to be good breeding combinations.                
          Petitioner, as would seem customary among horse breeders,                   
          expected that it was through this system of selective breeding              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011