Timothy Thomas and Janice Kathleen Kuberski - Page 14




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          horses.  Obviously, petitioners’ financial status permits them to           
          engage in an activity reporting large losses over decades.  The             
          financial status of the taxpayers is an appropriate inquiry under           
          the regulations, section 1.183-2(b)(8), Income Tax Regs., and in            
          the case law.  See Golanty v. Commissioner, 72 T.C. at 428.                 
          Petitioners’ level of income permitted them to continue the horse           
          activity without a profit.  If they had regarded the activity as            
          a business, they would have focused more on the financial aspects           
          and ways to cut their losses.  Only their other income allowed              
          their continued pursuit of losing operations.                               
               Petitioners argue that many years of losses are necessary              
          to make a profit in the horse breeding and racing industry.  They           
          cite Duley v. Commissioner, T.C. Memo. 1981-246, for the                    
          proposition that the opportunity to earn a profit in a highly               
          speculative venture is sufficient to demonstrate profit motive.             
          Petitioner claims that he bred Quinton’s Fan Club, a horse that             
          sold as a yearling for $7,500 and, after the sale, went on to               
          become a world record holder and stakes winner of over $100,000.            
          No evidence was presented regarding petitioner’s reliance on a              
          professional trainer or petitioner’s own ability to train and run           
          a racehorse whose winnings would provide him with a realistic               
          chance of recovering the losses incurred in prior years.                    
               Petitioners contend that certain assets that have                      
          appreciated in value over the years should be considered when               






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