Julius Lee Harrington and Mary Lou Ziter - Page 15




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          their horse-breeding activities with the intent of making a profit.         
               The fifth factor is petitioners’ success in carrying on                
          other similar or dissimilar activities.  The regulations indicate           
          that a taxpayer who was able to convert an unprofitable                     
          enterprise to a profitable one in the past may be able to do the            
          same thing with the current activity.  Sec. 1.183-2(b)(5), Income           
          Tax Regs.                                                                   
               Petitioners do not argue that Dr. Harrington had prior                 
          success turning an unprofitable business into a profitable one.             
          Instead, petitioners argue that Dr. Harrington’s academic success           
          in the field of social work supports their argument that they               
          engaged in the horse-breeding activity to make a profit.  We see            
          no direct correlation between success as a social work                      
          academician and educator and financial success as a breeder of              
          horses.  Petitioners did not offer evidence to show that Dr.                
          Harrington achieved success in business generally, or in breeding           
          farm animals specifically.                                                  
               Petitioners’ academic success does show that they are highly           
          intelligent people who were fully capable of doing the simple               
          arithmetic necessary to realize that the horse-breeding operation           
          was not, and as operated, could not be, profitable.  Their                  
          continuing the operation during the years in issue without a                
          prospect or plan to achieve profitability indicates a lack of               
          profit motive.                                                              






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