James L. Sullivan and Dorothy B. Sullivan - Page 25

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          with Docs Fancy Feat, petitioners have not cited any mishaps that           
          have interfered with Colonel Rey Lew's career.  Petitioners have            
          failed to demonstrate how additional time in competition is                 
          likely to change Colonel Rey Lew's value dramatically.  As to               
          petitioners' contention that Colonel Rey Lew's value will rise if           
          his offspring are successful, we note that petitioners at trial             
          were not even certain of the number of his offspring.  Beyond               
          bare speculation, petitioners have failed to show that Colonel              
          Rey Lew's value is likely to appreciate dramatically beyond their           
          current estimate.  While their current estimate represents                  
          substantial appreciation, it falls short of recouping their                 
          losses.  As a result, the anticipated appreciation in value of              
          petitioners' assets is insufficient to create an inference of               
          profit motive.  Golanty v. Commissioner, 72 T.C. 411, 427-428               
          (1979); cf. Dodge v. Commissioner, T.C. Memo. 1998-89; Taras v.             
          Commissioner, supra.                                                        
          Past Success in Similar or Dissimilar Activities                            
               A taxpayer's past success in similar or dissimilar                     
          activities is relevant in determining profit motive.  Sec. 1.183-           
          2(b)(5), Income Tax Regs.                                                   
               It has been stipulated that in 1992 petitioners' horse-                
          related activity was predominantly operated by Mrs. Sullivan, and           
          that Mr. Sullivan worked 80 to 100 hours per week in his job as             
          an investment manager.  Given the demands of Mr. Sullivan's job             





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