- 15 - seeking activities before or during the operation of their horse- related activity. This factor is neutral. 6. Activity’s History of Income and/or Loss An activity’s history of income or loss may reflect whether the taxpayer has a profit motive. See sec. 1.183-2(b)(6), Income Tax Regs. Unless explained by customary business risks or unforeseen or fortuitous circumstances beyond the taxpayer’s control, a record of continuous losses beyond the period customarily required to attain profitability may indicate that the activity is not engaged in for profit. See id. Petitioners have not had a profitable year since they started their horse-related activity. While petitioners may have expected the switch to thoroughbreds to be more profitable, according to the history of their activity, their losses increased. Petitioner testified that they switched because the stakes races had higher purses; however, in 1993 petitioners were not racing their horses, only breeding them. Furthermore, petitioners failed to produce credible evidence that the horse- related activity had a chance of recovering the losses they had already incurred. See Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967). 7. Amount of Occasional Profits Occasional profits which are earned from an activity may indicate a profit motive. See sec. 1.183-2(b)(7), Income Tax Regs. The possibility of a substantial profit in a highly speculative venture may indicate a profit motive even wherePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011