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