Thomas B. Drummond - Page 38

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          respect to petitioner's testimony, although, as the owner of the            
          horses, he was qualified to testify as to their value, we are not           
          required to, and we do not, accept his self-serving testimony on            
          that point.  See Harmon v. Commissioner, 13 T.C. 373, 383 (1949).           
          With respect to Ms. Lyman's testimony about the value of peti-              
          tioner's horses, Ms. Lyman was not qualified as an expert witness           
          in this case and thus was not qualified to opine on the value of            
          petitioner's horses.                                                        
               Even assuming arguendo that petitioner did, in fact, expect            
          the horses that he acquired to appreciate in value, he failed to            
          establish that he intended in good faith that any expected                  
          appreciation in the value of those horses when realized, would              
          together with any other income from his horse activity, exceed              
          the expenses from that activity.                                            
               Petitioner further claims that the losses that he sustained            
          during the years 1988 through 1994 are attributable to Moon-                
          shadow's becoming lame during 1990 and Lily's sustaining injuries           
          and Zack's developing a foot disease around 1995.  Losses sus-              
          tained because of unforeseen or fortuitous circumstances beyond             
          the control of the taxpayer are generally not to be considered as           


          29(...continued)                                                            
          value of about $15,000 to $20,000 in the spring of 1996 and about           
          $25,000 in 1997.  Petitioner disagreed with Ms. Lyman's testimony           
          about the value of Bunny in 1997 when he testified that, as of              
          the time of the trial, he expected Bunny to have a value of                 
          between $30,000 and $50,000 in 1997.  Petitioner also testified             
          that, as of the trial, Zack, a young horse with minimal training,           
          had a value of between $8,500 and $10,000.                                  




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