Louis A. Filios and Estate of Emma L. Filios, Deceased, Louis A. Filios, Executor - Page 15




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          he did not abandon unprofitable methods.  He offered no evidence             
          of how comparable profitable businesses worked.                              
               Petitioners contend that petitioner operated his horse                  
          racing and breeding activity for profit because he operated                  
          Westfield Gage and his horse activity in the same manner.  We                
          disagree.  Petitioner did not operate Westfield Gage and his                 
          horse activity in the same manner.  He said that if Westfield                
          Gage had lost money, he would have gotten advice on how to fix               
          it.  When Westfield Gage began to lose money because Pratt and               
          Whitney asked him to lower his charges to them, petitioner                   
          convinced Pratt and Whitney to give Westfield Gage additional                
          business so that it could again be profitable.  Petitioner took              
          no similar action to try to make his horse activity profitable.              
               Petitioners contend that petitioner operated his horse                  
          racing and breeding activity like the taxpayer did in Arwood v.              
          Commissioner, T.C. Memo. 1993-352.  We disagree.  The taxpayer in            
          Arwood v. Commissioner, supra, had losses from 1981 to 1987.                 
          However, he had a written business plan which he adjusted in                 
          response to changed circumstances, and he consulted and relied on            
          experts for business and financial advice.  He believed that his             
          horses would be profitable because his horse's half-brother                  
          received $10,000 per breeding and the sire of his horse received             
          $40,000 per breeding.  Petitioner did not have a written plan or             
          financial analysis of the profit potential of his activity.                  
               This factor favors respondent.                                          




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