Michael T. Shane - Page 16

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               Sixth, a history of income, losses, and occasional profits             
          with respect to an activity can be indicative of whether a profit           
          objective exists.  Allen v. Commissioner, 72 T.C. at 34; Kobza v.           
          Commissioner, T.C. Memo. 1992-176; sec. 1.183-2(b)(6), Income Tax           
          Regs.  Respondent contends that the history of losses relating to           
          petitioner's horse activity conclusively establishes that he                
          lacked the requisite profit objective necessary to render section           
          183 inapplicable.  Although a long history of losses is a                   
          persuasive criterion, it has long been established that this                
          factor alone is not determinative of a lack of a profit                     
          objective.  See Engdahl v. Commissioner, 72 T.C. at 669 (profit             
          objective found to exist despite 12 consecutive years of losses             
          in horse-breeding activity); Pirnia v. Commissioner, supra                  
          (profit objective found to exist despite 6 consecutive years of             
          losses in horse-breeding activity).  This is particularly true              
          when such losses occur during the formative years of a business,            
          especially one involving horses.  The startup phase of an                   
          American saddlebred breeding operation is 5 to 10 years.  Engdahl           
          v. Commissioner, supra at 669.                                              
               During the initial years of his horse activity, petitioner             
          expected to make a profit racing his horses.  However, due to his           
          limited resources, petitioner soon concluded that such an                   
          expectation was unrealistic and shifted his focus to horse                  
          breeding.  Given that this shift occurred around 1988,                      
          petitioner's horse-breeding function was well within the 5- to              




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