Michael T. Shane - Page 17

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          10-year startup phase identified above.  Accordingly, we find               
          that petitioner's history of losses does not establish that he              
          lacked the requisite profit objective.                                      
               Seventh, the amount and frequency of occasional profits                
          earned from the activity may also be indicative of a profit                 
          objective.  Golanty v. Commissioner, 72 T.C. at 427; sec. 1.183-            
          2(b)(7), Income Tax Regs.  Other than the occasional cash awards            
          received from racing his horses, petitioner's horse activity                
          produced no income.  However, an opportunity to earn a                      
          substantial ultimate profit in a highly speculative venture may             
          be sufficient to indicate that the activity is engaged in for               
          profit even though only loses are generated.  Pirnia v.                     
          Commissioner, supra; sec. 1.183-2(b)(7), Income Tax Regs.  The              
          business of breeding and racing horses is undoubtedly highly                
          speculative and risky.  Nevertheless, petitioner aspired to be a            
          successful breeder of horses.  It was petitioner's objective to             
          eventually produce horses capable of competing in a triple crown            
          race.  Furthermore, petitioner had hoped that his activity would            
          at least be successful enough to facilitate his purchase of a               
          farm from which he could operate the activity.  Accordingly, we             
          find that petitioner's failure to make occasional profits is not            
          a determinative factor in this case.                                        
               Eighth, the lack of substantial income from sources other              
          than the activity in question may indicate the existence of a               
          profit objective.  Pederson v. Commissioner, T.C. Memo. 1994-555;           




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