- 37 - 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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