- 18 - riders of petitioners’ horses. Ms. Bennet was not called as a witness. We infer that her testimony would not have been favorable to petitioners. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). Petitioners did not attempt to collect debts owed to them. Additionally, when petitioners fired Mr. Norick, they replaced him with Nicole who was 18 years old at the time and, although she had been a junior rider, had no experience as a trainer or running a business. Furthermore, petitioners decided which horses to buy and sell based upon which horses their daughters wanted. Petitioners further rely on the testimony of Russell Stewart to support the conclusion that they conducted the horse activity in a businesslike manner. Mr. Stewart was qualified as an expert in his knowledge of and in judging grand prix jumper, hunter, and equitation horses. Subsequent to the years in issue, Mr. Stewart rode petitioners’ horses and transported petitioners’ horses. He did not review petitioners’ books and records. Furthermore, all the facts for Mr. Stewart’s report were supplied by petitioners or their representatives. The purpose of expert testimony is to assist the trier of fact to understand evidence that will determine the fact in issue. See Laureys v. Commissioner, 92 T.C. 101, 127-129 (1989).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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