- 20 - from his horse racing and breeding activity. His net losses from the activity were more than $6 million from 1957 to 1993. A small chance to make a large profit may indicate that a taxpayer has a profit objective. Sec. 1.183-2(b)(7), Income Tax Regs. Landry testified that 3 to 5 percent of those in the horse racing and breeding activity make about $775 million. That does not establish that petitioner had a small chance to make a large profit, absent evidence showing what other horse operations did to become profitable. Petitioners contend that a horse that petitioner had bred in 1995, Bent Creek City, was worth $1 million. Petitioners contend that this shows the potential of substantial profit from petitioner's horse activity. We disagree. Landry's estimate of Bent Creek City's value appears to be inflated; he testified that petitioner sold the horse in 1996 for $35,000. This factor favors respondent. 8. Financial Status of the Taxpayer Substantial income from sources other than the activity, especially if the losses generate large tax benefits, may indicate that the taxpayer is not conducting the activity for profit. Sec. 1.183-2(b)(8), Income Tax Regs. Petitioner concedes that he had a substantial amount of income from Westfield Gage at all times, but he contends that this factor is neutral because most of his losses were direct expenses requiring cash outlays. We disagree. Even if a taxpayer pays expenses out of pocket the potential tax benefitsPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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