Dana L. McNaught - Page 11




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          qualified individuals, such as trainer Rusty Hadden, to develop             
          her Appaloosas.  We find that this factor favors petitioner.                
          Expectation That Assets May Appreciate                                      
               An expectation that assets used in the activity will                   
          appreciate in value may indicate a profit objective.  Sec. 1.183-           
          2(b)(4), Income Tax Regs.  Petitioner clearly expected her                  
          broodmares and their offspring to appreciate in value.  We find             
          that this factor favors petitioner.                                         
          Past Success in Other Similar or Dissimilar Activities                      
               The fact that the taxpayer has engaged in similar activities           
          in the past and converted them from unprofitable to profitable              
          enterprises may indicate that she is engaged in the present                 
          activity for profit, even though the activity is presently                  
          unprofitable.  Sec. 1.183-2(b)(5), Income Tax Regs.  Petitioner             
          successfully operated a billing service for a number of years               
          until her customers retired and/or moved out of the area.  We               
          find that this factor favors petitioner.                                    
          Taxpayer's History of Income and Losses                                     
               Petitioner has never had a profitable year.  She has had               
          sporadic sales over the years.  Her net losses have continued               
          beyond the customary startup period for a horse breeding and                
          selling activity.  We find that the circumstances within the                
          Appaloosa market and her personal setbacks do not fully explain             
          her long series of losses.  Cf. sec. 1.183-2(b)(6), Income Tax              
          Regs.  We find that this factor favors respondent.                          




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