- 17 - at a full-time job requiring 40 hours per week at Bethlehem, while claiming that she contributed 30 hours per week year after year in petitioners' horse activity. Expectation That Assets May Appreciate The appreciation of assets, including land used in the activity, is to be considered in determining whether a taxpayer intended to derive a profit from his activity. Sec. 1.183- 2(b)(4), Income Tax Regs. An expectation that assets used in the activity may appreciate may be an indication of profit objective. Engdahl v. Commissioner, 72 T.C. 659, 669 (1979). Petitioners resided on a 1-acre parcel of land during the years in issue. Petitioners maintained their horses on a separate but adjacent 2-acre parcel of land, which was owned by Mr. Taras' parents. Because petitioners do not own the land upon which they kept their horses during the years at issue, we do not consider the land an asset that may be used in determining whether petitioners had a profit objective. Petitioners’ horses were the only assets used in the activity that might have appreciated. Petitioners argue that the quality of their horses improved over time and that on the basis of this improvement, petitioners expected to recoup their prior losses. Mr. Taras testified that each of three horses bred from the stallion Norquestor and owned by petitioners has a value ofPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011