Victor A. and Marion W. Prieto - Page 17




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               A.   Manner in Which the Activity Is Conducted                         
               Petitioners hired professionals to keep books and records              
          and to prepare their returns.  They also hired professionals to             
          work in the horse activity as grooms, braiders, horseshoers, and            
          veterinarian.  While these facts weigh in petitioners favor, they           
          are not the only facts presented to the Court.                              
               While petitioners did keep records, they did not have bills            
          of sale for all their horses, and the records appear to be                  
          faulty.  Dr. Prieto could not explain why the show costs and                
          entry fees were so low for 1996.  Mrs. Prieto testified that they           
          understated the horse activity’s show costs for 1996.  We agree.6           
               Even though they had records reporting substantial losses,             
          petitioners never developed a written business plan or made a               
          budget.  Dr. and Mrs. Prieto testified that the “business plan”             
          of the horse activity was to buy, train (develop), show, and sell           
          horses.  This is not a plan; this is merely a statement of what             
          the horse activity did.  While petitioners wrote out “business              
          goals” for 1994 and 1995, they never developed a plan to achieve            
          these goals.                                                                
               Petitioners claimed to have hired other riders, such as                
          Annalee Bennet, to show the horses.  The horse show entry forms             
          for 1994 and 1995 list only petitioners’ daughters and Nicole as            


               6  We note that the likely effect of this understatement was           
          to create the appearance of a profit for the horse activity for             
          1996 when none in fact existed.                                             





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