Victor A. and Marion W. Prieto - Page 18




                                       - 18 -                                         
          riders of petitioners’ horses.  Ms. Bennet was not called as a              
          witness.  We infer that her testimony would not have been                   
          favorable to petitioners.  See Wichita Terminal Elevator Co. v.             
          Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th            
          Cir. 1947).                                                                 
               Petitioners did not attempt to collect debts owed to them.             
          Additionally, when petitioners fired Mr. Norick, they replaced              
          him with Nicole who was 18 years old at the time and, although              
          she had been a junior rider, had no experience as a trainer or              
          running a business.  Furthermore, petitioners decided which                 
          horses to buy and sell based upon which horses their daughters              
          wanted.                                                                     
               Petitioners further rely on the testimony of Russell Stewart           
          to support the conclusion that they conducted the horse activity            
          in a businesslike manner.  Mr. Stewart was qualified as an expert           
          in his knowledge of and in judging grand prix jumper, hunter, and           
          equitation horses.  Subsequent to the years in issue, Mr. Stewart           
          rode petitioners’ horses and transported petitioners’ horses.  He           
          did not review petitioners’ books and records.  Furthermore, all            
          the facts for Mr. Stewart’s report were supplied by petitioners             
          or their representatives.                                                   
               The purpose of expert testimony is to assist the trier of              
          fact to understand evidence that will determine the fact in                 
          issue.  See Laureys v. Commissioner, 92 T.C. 101, 127-129 (1989).           






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011