- 17 - Petitioner argues that many years before he formed Arabian Crossings, he purchased a horse for $4,000 and sold it for between $20,000 and $25,000.14 Even if we accept this as true, petitioner has not proven that he did in fact make a profit on the sale of a horse prior to forming Arabian Crossings. As the record shows, many expenses in addition to purchase price have to be factored into whether a transaction produced an overall profit. (6) The Taxpayer’s History of Income or Losses With Respect to the Activity Petitioner argues that the losses are due to expenses incurred in the startup phase of his activity. As this Court stated in Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967): the presence of losses in the formative years of a business, particularly one involving the breeding of horses, is not inconsistent with an intention to achieve a later profitable level of operation, bearing in mind, however, that the goal must be to realize a profit on the entire operation, which presupposes not only future net earnings but also sufficient net earnings to recoup the losses which have meanwhile been sustained in the intervening years. We are not convinced that the years in issue fall within what petitioner asserts is the startup phase of his breeding, training, and showing of Arabian horses activity. We have said 14We have only petitioner’s uncorroborated testimony regarding the sale.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011