- 11 - Income Tax Regs.; cf. Dunn v. Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980). Petitioners contend that the losses from the horse-breeding activity are properly deductible because the activity was profit motivated. Conversely, respondent asserts that the activity was not engaged in for profit. We find that Mr. Morley engaged in the horse-breeding activity with the primary purpose and dominant hope and intent of realizing a profit. A. Manner in Which the Activity is Conducted Relevant factors in determining profit motive include whether the taxpayer: Maintained complete and accurate books and records, conducted the activity in a manner substantially similar to other comparable businesses which are profitable, and attempted changes in order to improve profitability. Sec. 1.183- 2(b)(1), Income Tax Regs. Respondent argues that Mr. Morley failed to operate his horse-breeding activity in a businesslike manner. Mr. Morley kept extensive records. In managing the farm, Mr. Morley used business documents. His books and records for the farm included teasing and breeding records on his horses, self-generated pedigrees for each of his horses, and veterinarian and other types of health records on his horses. He insured the horses that he purchased under contract. Respondent also points to the fact that Mr. Morley did not create or follow a written business plan, and did not prepare anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011