- 19 - changes were attempted in order to improve profitability. Sec. 1.183-2(b)(1), Income Tax Regs. Petitioners maintained a record of the income and expenses related to their horse breeding activity, but they did not provide evidence of a breakdown or break-even analysis of their overall horse breeding activity. Although petitioners created a business plan for their horse breeding activity, it appears that they did not make decisions in accordance with the business plans, projections, or analyses of the costs required to carry on the activity in a profitable manner. It seems unhelpful for petitioners to create and rely on a “revised” business plan based on earlier projections rather than actual expenses. Such reliance on projections that have no semblance to reality or to historical income and expense information is foolish. Although there is some indication that petitioners carried on the horse breeding activity as a separate business, we do not think that petitioners carried on their activity in a businesslike manner. Petitioners’ NSA records were unretrievable due to a change and upgrade of software. As such, we are not able to review these purported records. This factor favors respondent’s position. (2) The Expertise of The Taxpayer or Their Advisers. A taxpayer’s expertise, research, and study of an activity, as well as his or her consultation with experts, may bePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011