Eugene J. Phillips and Barbara A. Phillips - Page 27

                                       - 27 -                                         
          operation of their horse activity and from the appreciation in              
          the value of the horses once it was realized.  Petitioners had a            
          world champion Arabian, Bella Joya, which earned them a                     
          substantial amount of money.  Petitioners bred Bella Joya to                
          Wiking, another champion horse, to produce a foal that they could           
          race.  The foal, however, had to be put to sleep.  Bella Joya has           
          produced another foal, which petitioners intend to race.                    
          Additionally, petitioners' horses were appraised in 1995 at a               
          value of between $96,000 and $106,000.                                      
               During the years in issue, however, petitioners were                   
          hampered by their bankruptcy payments and by Mrs. Phillips'                 
          numerous medical problems.  Once they are no longer hindered by             
          such considerations, petitioners will be able to invest more time           
          and money on their horse activity.  Accordingly, based on the               
          record, we conclude that petitioners intended that an overall               
          profit would result from the operation of their horse activity              
          and from the appreciation in the value of the horses once it was            
          realized.                                                                   
               Section 1.183-2(b)(6), Income Tax Regs., provides that "A              
          series of losses during the initial or start-up stage of an                 
          activity may not necessarily be an indication that the activity             
          is not engaged in for profit."  The regulations continue:                   









Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011