- 20 - rather than recollected as a good faith estimate.6 Moreover, to the extent Dr. Hillman attended horse shows and otherwise oversaw the show horse activities, we believe the recreational aspects of these activities are manifest. All or most of the onerous labor required in maintaining the horses--e.g., mucking stalls, feeding, etc.--was hired out and deducted as a business expense. We do not believe that the time and the effort which petitioners have shown they dedicated to the show horse activity, particularly given its recreational aspects, support an inference that a profit motive existed. Expectation That Assets May Appreciate An expectation that assets used in the activity will appreciate in value may indicate a profit objective. See sec. 1.183-2(b)(4), Income Tax Regs. A profit motive may be inferred where there are no operating profits, so long as the appreciation in value of the activity’s assets exceeds the operating expenses. See id. The appreciation in value must be sufficient, however, to recoup the accumulated losses of prior years. See Golanty v. Commissioner, supra at 427-428; Bessenyey v. Commissioner, 45 6 Treasury regulations provide that an individual taxpayer will be deemed to have “materially participated” in an activity (which precludes a finding that the activity was a “passive activity” for purposes of sec. 469) if the taxpayer participates in the activity for more than 500 hours during the taxable year. See sec. 1.469-5T(a)(1), Temporary Income Tax Regs., 53 Fed. Reg. 5725 (Feb. 25, 1988).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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