- 15 - that the value of his horses would appreciate. The appreciation, however, is not instantaneous; it is gradual, often occurring over many years. The caliber of petitioner's existing stock had to be established. Once the grade and the quality of petitioner's stock were established, offspring had to be generated and trained. Petitioner endeavored to produce quality genetics in his foals, and then to further develop his foals through his training regimen. It was through a combination of this selective breeding and proper training that petitioner expected the value of his horses to appreciate. Although, as respondent correctly points out, petitioner had yet to sell any of his foals prior to the time of trial, this fact alone is not determinative and does not diminish petitioner's expectation. Actual success need not exist for us to find that petitioner maintained a reasonable expectation that his horses would appreciate in value. Accordingly, we find that this factor supports petitioner. Fifth, the success of the taxpayer in carrying on other activities can be some indication of whether the taxpayer had a profit objective for the activity in question. Hoyle v. Commissioner, T.C. Memo. 1994-592; Pirnia v. Commissioner, T.C. Memo. 1989-627; sec. 1.183-2(b)(5), Income Tax Regs. The record lacks sufficient evidence regarding petitioner's experience in other activities. Nevertheless, we find that this lack of evidence neither supports nor weakens petitioner's position.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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