- 25 - Harness Racing Petitioner’s testimony regarding harness racing consisted of the following: This horse thing was a matter of--I wanted to grow colts. I ended up having to pull * * * some horses-- these were harness horses too, by the way; they’re not thoroughbreds. They’re like the old fairs that people used to have. You might be familiar with the Ohio Fair, which has got the little brown jug, and all the farmers would have harness horses that pulled the carts to go. That’s the kind of horses that I had, and started out trying to have a brood mare band and of course, that didn’t fare very well either. * * * Other than this testimony, petitioner alluded to the death of a horse and some insurance payment. However, in the absence of any explanation by petitioner elaborating on this, we are unable to determine what, if anything, this has to do with his harness-racing activities. In short, petitioner failed to present any evidence that he engaged in the activity for profit. Furthermore, petitioner also failed to substantiate the claimed losses. Accordingly, respondent’s determinations with respect to petitioner’s claimed “harness-racing” losses for 1990 are sustained. F. Capital Gain Gains on the sale of property are taxable under section 61, and the gain is computed by reference to the excess of the amount realized over the adjusted basis provided in section 1011. See sec. 1001. We must determine whether petitioner reported thePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011