- 10 - prior to undertaking his horse activity. Respondent also contends that petitioner's failure to formulate a credible business or profit plan indicates that his actions were not businesslike and that he lacked a profit motive. We agree with both of these contentions. While the law does not require a taxpayer to engage in extensive formalities prior to undertaking a venture, it does require that the taxpayer conduct a basic investigation of the factors that would affect profit. Golanty v. Commissioner, supra at 432. Although petitioner testified that he started his horse activity after consultation with various professionals within the industry, such testimony was not credible, and it appears that petitioner did little else in terms of an investigation. Petitioner undertook his horse activity with no concept of what his ultimate costs might be or how he might achieve any degree of cost efficiency. Similarly, petitioner entered and conducted his activity not knowing the amount of revenues he could expect or what risks might impair the generation of such revenues. It is quite likely that this stems from his failure to consider any type of financial planning instrument during the course of his activity. Moreover, at trial petitioner was asked whether he was aware of the amount of losses incurred since the inception of his horse activity. Not only was petitioner unaware of the amount of total losses incurred, but he was also unaware of the amount of losses incurred during 1993, the year immediately prior to trial. It seems to us peculiarPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011