Barry D. and Suzanne B. Whalley - Page 42

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          hypothetically that "you can buy a horse for $10,000 * * * start            
          breeding it, selling its babies for an equal amount and after you           
          sold the first one you could recapture your loss for the initial            
          investment."  This statement, taken on its face, seems to support           
          petitioner's assertion that he expected his stallion to                     
          appreciate in value because it could be used for breeding                   
          purposes.  Petitioner, however, never owned a stallion that could           
          potentially appreciate.  In fact, according to a veterinarian's             
          soundness examination given to the animal prior to petitioner's             
          purchase, it was determined that the horse was not actually a               
          stallion as petitioner asserts, but rather a gelding.  Petitioner           
          also testified that he could generate capital gain from the sale            
          of his horses, since they would appreciate from being displayed             
          at horse shows.  However, petitioners had no income from either             
          selling or breeding horses.  Accordingly, we find that                      
          petitioners' horses could not be expected to significantly                  
          appreciate in value.                                                        
               E.  Taxpayer's Success in Other Activities                             
               We have recognized that a taxpayer's success in other                  
          business activities may indicate a profit motive, despite a                 
          currently unprofitable activity.  Hoyle v. Commissioner, T.C.               
          Memo. 1994-592; sec. 1.183-2(b)(5), Income Tax Regs.  During the            
          years in issue, petitioner, a retired police officer, is also               
          reporting substantial losses on his Schedules C from another                
          business activity known as TSI.  The losses from that activity              




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