Richard J. and Melodie D. McKeever - Page 37




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                  As of the time of trial, the majority of petitioners’ herd                           
            consisted of home-foaled horses.  The horses acquired by purchase                          
            had a total fair market value of $103,500.  Petitioners’ tax                               
            returns reflect that the cost of the purchased horses was                                  
            $87,838.  Thus, the purchased horses have increased in value by                            
            approximately 18 percent.                                                                  
                  Petitioners argue that the appreciation shown by the assets                          
            used in the activity is powerful corroboration of their claimed                            
            profit motivation.  Respondent argues that to prevail regarding                            
            this factor, petitioners’ objective must be to realize a profit                            
            on the entire operation.  See Bessenyey v. Commissioner, 45 T.C.                           
            261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967).                                        
                  We agree with petitioners that the question to be addressed                          
            here is not the ultimate issue in this case, i.e., petitioners’                            
            profit motivation, but whether the assets used in the activity                             
            were expected to appreciate in value.  See sec. 1.183-2(b)(4),                             
            Income Tax Regs.  We find petitioners had a bona fide expectation                          
            that at least some of the business assets would increase in                                
            value.  That those assets actually increased in value weighs in                            




                  11(...continued)                                                                     
            of horses with similar bloodlines.  With respect to Adelita LaCe,                          
            we do not believe that Dr. Cortelezzi’s estimation of $3,500 was                           
            realistic, considering that the mare’s health problems preclude                            
            her use as a brood mare or riding horse.  Our determination of                             
            value is based on our review of the record.                                                





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