- 8 - factor analysis in those situations where it is helpful to do so. See, e.g., Phillips v. Commissioner, T.C. Memo. 1997-128. In this case, we consider the burden of discussing each of the above factors to outweigh the benefits of doing so. No one factor is determinative, see sec. 1.183-2(b), Income Tax Regs., some factors are not applicable, and those that are provide little guidance when considered separately. For example, respondent’s position is strongly supported by the history of annual losses suffered by petitioners since they began their horse racing activity. A consistent pattern of losses suggests the lack of a profit motive. See Golanty v. Commissioner, supra; sec. 1.183- 2(b)(6), Income Tax Regs. On the other hand, given the nature of the activity involved, it is not improbable that petitioners’ cumulative loss could be recouped on the back of a single successful foal. Many of the foals sired by Two Punch (the stallion to which one of petitioners’ broodmares was mated) successfully competed as thoroughbreds. As noted in the applicable regulation, “an opportunity to earn a substantial ultimate profit in a highly speculative venture is ordinarily sufficient to indicate that the activity is engaged in for profit even though losses or only occasional small profits are actually generated.” Sec. 1.183-2(b)(7), Income Tax Regs. We consider petitioners’ horse racing activity to be a highly speculative venture.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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