- 16 - instant record, we are not satisfied that petitioners paid $60,000 to acquire that property. Nor are we persuaded by Mr. Haun's uncorroborated testimony that the fair market value of the Haughton property at the time of the trial in this case was approximately $150,000.6 With respect to the horses, equipment, saddles, pipe, and tack used in the roping horse activity, at trial Mr Haun esti- mated that those assets could be sold for an aggregate maximum amount of approximately $104,000. We are not persuaded by Mr. Haun's uncorroborated testimony that, as of the date of the trial in this case, such an amount could have been received upon the sale of those assets. Indeed, Mr. Haun's testimony about the aggregate amount that he believed could have been received as of that date from the sale of the five or six7 roping horses used in 6 Furthermore, we are not satisfied on the instant record that the roping horse activity and the holding of the Haughton property are to be considered one activity for purposes of sec. 183. The deductions attributable to the roping horse activity over the period 1991 through 1996 that are not directly attributable to the holding of the Haughton property far exceeded the income (only $2,501) over that period that was derived from that activity. See sec. 1.183-1(d)(1), Income Tax Regs. In addition, it is significant that on Jan. 1, 1995, petitioners transferred all the interests that they had in the roping horse activity to their wholly owned corporation Rafter H in exchange for additional voting common stock in that corporation. However, they did not transfer to that corporation at that time (or any other time) any of their interests in the Haughton property. 7 Mr. Haun's testimony about the number of horses used in the roping horse activity during 1992, 1993, and 1994 and as of the trial herein was vague and/or contradictory. If petitioners had an actual and honest objective of making a profit from the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011