Richard L. and Marjorie A. Pitts - Page 15




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          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 where                 

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