- 7 - substantial income that was sheltered from the losses from the activity in issue; (4) certain expenses taken by petitioners were not farm related; (5) petitioners' only records on their horses' bloodlines were registration applications; and (6) petitioners had a consistent history of losses during 1987 through 1993. From the foregoing facts, a reasonable person could infer that petitioners' horse activity was not entered into for profit. It was not until petitioners testified at trial and presented other persuasive evidence to overcome the negative inferences of such facts that petitioners were able to prevail. Consequently, in the instant case, we conclude that respondent had a reasonable basis in fact and law for the position that petitioners did not have an actual and honest profit objective. As we have concluded that respondent's position was substantially justified, we need not consider the issue of whether the amount of attorney's fees claimed by petitioners is reasonable. To reflect the foregoing, An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011