Martin and Marion Abbene - Page 33

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            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.                                         







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