- 4 - improve their chances of turning a profit (i.e., selling inferior horse stock in 1989, reinvesting the horse sale proceeds in national quality stock, investigating and implementing the use of frozen semen, etc.). During the years in issue, petitioners’ prospective horse sales failed because of injury to a horse and misrepresentations made to petitioners. Petitioners’ tax returns for 1994 and 1995 were prepared by an enrolled agent, James G. Joelson, who acquiesced to the tax treatment of their horse activity. Petitioners’ 1994 return was filed on October 30, 1995. Respondent disallowed all of petitioners’ expenses relating to Ascension for 1994 and 1995, contending that their horse activity was not engaged in for profit. OPINION I. Profit Objective Section 183 limits the deductions for an activity not engaged in for profit. Sec. 183(b). This case is appealable to the Ninth Circuit Court of Appeals. The primary purpose standard has been followed by that circuit in determining whether the requisite profit objective exists. See Wolf v. Commissioner, 4 F.3d 709, 713 (9th Cir. 1993), affg. T.C. Memo. 1991-212 (holding that profit must be the predominant, primary, or principal objective). Petitioners bear the burden of proving the requisitePage: Previous 1 2 3 4 5 6 7 8 9 Next
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