S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 31

                                               - 31 -                                                 

            not engaged in selling ponies for profit.  We disagree.  BPS did                          
            not spend a lot of money on advertising through conventional                              
            means, such as listing ads in various horse magazines.  BPS did,                          
            however, expend substantial sums on registration fees to enter                            
            its horses into tournaments.  Respondent concedes that polo                               
            ponies are generally sold in private transactions where the                               
            prospective purchaser tries out the pony by riding it and playing                         
            it in a polo game.  Accordingly, petitioner and Atkinson believed                         
            that the best advertising strategy was to show a horse's                                  
            abilities either by allowing a prospective purchaser to ride the                          
            horse during a polo game, or by playing a horse in a highly                               
            visible tournament where purchasers pay high stakes for horses                            
            that play well.  Thus, BPS' advertising plan was to establish                             
            credibility and make itself known by high level, visible                                  
            tournament play.                                                                          
                  That petitioner and S.K. Johnston devoted ample time to BPS                         
            is further evidence of a profit motive.  At the beginning of each                         
            year, they met with Atkinson to discuss strategies for the                                
            upcoming season.  They planned the clubs and tournaments that                             
            Atkinson would travel to, decided which ponies Atkinson would                             
            take with him to Florida, and prepared a budget for the upcoming                          
            sales season which petitioner reviewed throughout the year.                               
                  Finally, that BPS was ultimately liquidated in 1993, after                          
            losing its key employee and facing a history of losses is                                 
            additional evidence that the activity was not a hobby.  "If the                           



Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011