- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011