- 22 - Petitioners may have believed that there was a possibility of producing a champion horse that could generate a substantial amount of revenue and correspondingly large profits. However, the fact that petitioners suffered substantial losses year after year without significantly changing their method of operation in a meaningful way supports the inference that profit was not their primary reason for engaging in this activity. Ranciato v. Commissioner, 52 F.3d 23, 26 (2d Cir. 1995), vacating and remanding T.C. Memo. 1993-536. Taxpayers' Financial Status The fact that the taxpayer does not have substantial income or capital from sources other than the activity may indicate that the activity is engaged in for profit. Sec. 1.183-2(b)(8), Income Tax Regs. The legislative history of section 183(a) and (b) indicates a particular concern about wealthy individuals attempting to generate paper losses for the purpose of sheltering unrelated income. Ranciato v. Commissioner, supra at 25-26; S. Rept. 91-552, at 95-100 (1969), 1969-3 C.B. 423, 484-487. In this respect, the Senate report focused primarily on farming operations, including specifically the racing of horses, and noted an overall concern about taxpayers with substantial income. S. Rept. 91-552, supra at 95-98, 1969-3 C.B. at 485-486; see also Ranciato v. Commissioner, supra at 25 n.3.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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