- 14 - horses. Obviously, petitioners’ financial status permits them to engage in an activity reporting large losses over decades. The financial status of the taxpayers is an appropriate inquiry under the regulations, section 1.183-2(b)(8), Income Tax Regs., and in the case law. See Golanty v. Commissioner, 72 T.C. at 428. Petitioners’ level of income permitted them to continue the horse activity without a profit. If they had regarded the activity as a business, they would have focused more on the financial aspects and ways to cut their losses. Only their other income allowed their continued pursuit of losing operations. Petitioners argue that many years of losses are necessary to make a profit in the horse breeding and racing industry. They cite Duley v. Commissioner, T.C. Memo. 1981-246, for the proposition that the opportunity to earn a profit in a highly speculative venture is sufficient to demonstrate profit motive. Petitioner claims that he bred Quinton’s Fan Club, a horse that sold as a yearling for $7,500 and, after the sale, went on to become a world record holder and stakes winner of over $100,000. No evidence was presented regarding petitioner’s reliance on a professional trainer or petitioner’s own ability to train and run a racehorse whose winnings would provide him with a realistic chance of recovering the losses incurred in prior years. Petitioners contend that certain assets that have appreciated in value over the years should be considered whenPage: 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