- 9 - devote substantial time to the Activity is not inconsistent with the existence of a profit objective. IV. Expectation That Assets May Appreciate The appreciation of assets is to be considered in determining whether a taxpayer intended to derive a profit from his activity. Sec. 1.183-2(b)(4), Income Tax Regs. Respondent contends that "petitioners' indifference to the present and future value of their horses weighs against a finding of profit motive." Respondent's contention, however, is contrary to the facts. As Hot Twist became better known and trained, petitioners believed that: (1) Hot Twist could be bred with Kate Dillon and Dynamic King Bar and the sale of the foals would produce revenue; (2) Hot Twist could participate in national-level competitions, where gate prizes often reached $100,000; and (3) other horse owners would seek to breed their mares with Hot Twist. According to Mr. Barton, petitioners could make approximately $1,000 per foal by breeding Hot Twist. Mr. Dawson believed that Hot Twist could breed with more than 100 mares in a single year. Petitioners also expected to make money on "mare care" (i.e., a per diem amount for boarding and feeding mares brought to petitioners for breeding). All of these factors would have the effect of increasing the value of petitioners' horses. We conclude that petitioners sincerely and reasonably believed that their horses would appreciate in value.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011