- 33 - business expenses and depreciation in excess of income. Consequently, Mr. Abbene's distributive share of Blue Ribbon's operating losses is zero. Finally, we turn our attention to the section 1231 loss claimed by Blue Ribbon on its 1991 Form 1120S and by petitioners on their 1991 joint Federal income tax return. The loss in issue arose out of the destruction of Magic Moment, Mr. Abbene's horse. Section 1231 permits deductions for losses sustained from the sale or exchange of property used in a trade or business. To be engaged in a trade or business, the taxpayer must engage in an activity with continuity and with the primary purpose of realizing income or a profit from it. Sec. 162; Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). Because Blue Ribbon did not engage in the horse-related activities with the requisite profit motive, the horse was not property used in a trade or business. See Budin v. Commissioner, T.C. Memo. 1994-185. Accordingly, we sustain respondent’s determination on this issue. We have considered the parties' remaining arguments and conclude that the arguments are either without merit or unnecessary to reach. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
Last modified: May 25, 2011