- 8 - profit motive where the taxpayer follows such advice. Sec. 1.183-2(b)(2), Income Tax Regs. In preparing for an activity, a taxpayer need not make a formal market study, but ordinarily should undertake a basic investigation of the factors that will affect the activity's profitability. Underwood v. Commissioner, T.C. Memo. 1989-625; Holbrook v. Commissioner, supra. We do not believe that either petitioner knows the business or economic aspects of a horse racing, breeding, and sales activity, including, specifically, the way in which such an activity must be operated in order to return a profit. Petitioners never studied their activity's market, and they never conducted a basic investigation of the factors that would affect the activity's profitability. Nor can we find that petitioners knew the activity's accepted business and economic practices. Although petitioners did employ three certified horse trainers in their activity, and consulted a veterinarian, the trainers worked for petitioners for no longer than 8 months, and the veterinarian never advised petitioners on horse breeding or training. We are unpersuaded that these individuals were utilized to assist petitioners in running a profitable business. The same is true with respect to an accountant whom petitioners retained to represent them during an IRS audit in 1991. The record contains no evidence that the accountant was retained to assist petitioners with a business plan for the activity or to establish any other methodology for producing a profit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011