Joseph E. Machado - Page 22

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               We disagree with respondent.  Petitioners herein lost the              
          two substantive tax issues in this case largely because of                  
          objective factors not in their favor and because of their burden            
          of proof on those issues.  Petitioners, however, did impress us             
          with their general testimony and credibility.  We note the many             
          cases in which a profit objective has been found to be present in           
          connection with horse breeding and horse racing activities in the           
          face of substantial losses over a number of years.  See e.g.,               
          Engdahl v. Commissioner, 72 T.C. 659 (1979); Holbrook v.                    
          Commissioner, T.C. Memo. 1993-383; Scheidt v. Commissioner, T.C.            
          Memo. 1992-9; Stephens v. Commissioner, T.C. Memo. 1990-376.                
               We also believe it appropriate and necessary in this case,             
          particularly in considering additions to tax in the context of an           
          issue arising under section 183, to take into account, as                   
          explained previously herein, the fact that the case law and                 
          regulatory authority under section 183 establish very clearly               
          that a taxpayer's professed profit objective in engaging in an              
          activity need not be "reasonable".                                          
               We conclude, under the facts of this case, that petitioners            
          filed valid extension applications for their 1988 Federal income            
          tax returns and on August 15, 1989, timely filed their 1988                 
          Federal income tax returns.  We also conclude that petitioners              
          were not negligent in filing their 1988 Federal income tax                  
          returns, and that petitioners had substantial authority for the             






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