- 25 - 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 jobPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011