- 25 - successfully produced one foal, albeit one of limited value, petitioners concede that Mr. Abbene made no further attempt to breed Spectacular Rhythm. Petitioners assert that Mr. Abbene encountered difficulties breeding Nakita. Yet, aside from a vague reference to fertility problems, the record is devoid of any evidence regarding any specific attempts to breed Nakita during the years in issue. We conclude that there is no evidence in the record that justifies Mr. Abbene's claimed expectation of appreciation in the value of the horses used in Blue Ribbon's operations. Moreover, it is necessary that the taxpayer's objective be to realize a profit on the entire operation. Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967). This would require future net earnings and appreciation sufficient to recoup the losses which the taxpayer sustained in prior years. Id. Petitioners, however, failed to produce any credible evidence that Blue Ribbon had any realistic chance of recovering the excessive losses incurred since its incorporation. In fact, petitioners conceded that they do not know when or whether Blue Ribbon will ever become profitable. Accordingly, we conclude that the expectation of asset appreciation is a factor that weighs against petitioners.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011