Martin and Marion Abbene - Page 30

                                                - 30 -                                                   

            Moreover, petitioners made no showing that Blue Ribbon would have                            
            been profitable had the horses not suffered injury.  See, e.g.,                              
            Burger v. Commissioner, 809 F.2d 355 (7th Cir. 1987), affg. T.C.                             
            Memo. 1985-523.                                                                              
                  7.    The Amount of Occasional Profits, If Any, Which Were                             
                        Earned                                                                           
                  The amount and frequency of occasional profits earned from                             
            the activity may also indicate a profit objective.  Sec. 1.183-                              
            2(b)(7), Income Tax Regs.  It is uncontroverted that Blue Ribbon                             
            never reported a profit from its horse-related activities.  The                              
            occasional revenues Blue Ribbon generated from horse shows and                               
            the provision of riding lessons during the years in issue were de                            
            minimis compared to the expenses and depreciation incurred.                                  
            Nonetheless, petitioners contend that the opportunity to earn a                              
            substantial ultimate profit in a highly speculative venture is                               
            ordinarily sufficient to indicate that the activity is engaged in                            
            for profit even though losses or only occasional profits are                                 
            actually produced.  Id.  Additionally, petitioners contend that a                            
            small chance of making a large profit may indicate the requisite                             
            profit objective.  Sec. 1.183-2(a), Income Tax Regs.                                         
            Petitioners, however, offered no evidence to indicate that Blue                              
            Ribbon stood to earn a large or substantial profit during the                                









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