- 14 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011