Robert L. and Joanne Tammaro - Page 6




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          Regs.;5 (d) that petitioner did not report any profits with                 
          respect to his horse activity in any year of operation and that             
          such losses extended for a period beyond a reasonable startup               
          period, see sec. 1.183-2(b)(6) and (7), Income Tax Regs.; (e)               
          that petitioner offset most of his net income from his C.P.A.               
          practice, net rental income from outside parties, and other                 
          dividend and interest income with the horse activity losses, and            
          that petitioner created net operating losses to be used to reduce           
          future potential capital gains from the sale of petitioner’s real           
          estate properties; and (f) that petitioner realized significant             
          personal and social benefit from the horse activity, see sec.               
          1.183-2(b)(9), Income Tax Regs.                                             
               Respondent’s revenue agent also concluded that petitioner’s            
          activity was not engaged in for profit pursuant to the                      
          presumption under section 183(d) because the gross income derived           
          from the horse activity did not exceed the deductions                       
          attributable to that activity for 2 or more of the most recent 7            
          consecutive taxable years.  Specifically, the agent concluded               



               5  In particular, the revenue agent determined that the real           
          estate property used in the horse activity, which had appreciated           
          in value since its purchase in the late sixties or the early                
          seventies, was not owned by EIP, but rather owned personally by             
          the taxpayer.                                                               
               Further, the revenue agent determined that as of the end of            
          1995, petitioner’s horses were worth just over $30,000 (compared            
          to his losses for the activity to date that were well in excess             
          of $175,000).                                                               





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