- 13 - indicating profit objective with those indicating the lack of such objective. Sec. 1.183-2(b), Income Tax Regs. If gross income derived from a horse training or breeding activity for 2 or more taxable years in a period of 7 consecutive taxable years exceeds the deductions attributable to such activity, then the activity is presumed to be an activity engaged in for profit. Sec. 183(d). In the instant case, as gross income from the activity did not exceed deductions from the activity during any of the years in issue, petitioners are not entitled to the presumption that their horse activity was engaged in for profit. Consequently, we address the aforementioned factors to decide whether petitioners engaged in their horse activity with an actual and honest profit objective during the years in issue. The manner in which petitioners carried on their horse activity indicates that they engaged in the activity with the requisite profit objective. The regulations provide that "The fact that the taxpayer carries on the activity in a businesslike manner and maintains complete and accurate books and records may indicate that the activity is engaged in for profit." Sec. 1.183-2(b)(1), Income Tax Regs. As to whether petitioners carried on their horse activity in a businesslike manner, respondent concedes that petitioners engaged in the followingPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011