- 10 - II. Application of the Factors 1. The Manner in Which the Taxpayer Carried On the Activity We begin by examining the manner in which petitioner carried on her thoroughbred horse breeding and racing activities. The fact that a taxpayer carries on the activity in a businesslike manner may indicate a profit objective. Sec. 1.183-2(b)(1), Income Tax Regs. In deciding whether a taxpayer conducted an activity in a businesslike manner, we consider whether accurate books were kept, whether the activity was conducted in a manner substantially similar to that of other for-profit activities of the same nature, and whether changes were made in an attempt to earn a profit. Ballich v. Commissioner, T.C. Memo. 1978-497; sec. 1.183-2(b)(1), Income Tax Regs. Petitioner did not conduct her thoroughbred horse breeding and racing activities in a businesslike manner. Although she kept adequate records and employed a CPA to prepare a few financial statements, respondent argues, and we are persuaded, that she failed to make meaningful changes3 in her method of operation despite a 14-year history of significant losses. Her enduring losses of this magnitude without making changes shows 3Petitioner changed trainers and adapted her breeding activities to adapt to qualifying criteria changes in the New York Breeders Program. These changes did not occur, however, until after 1996, the year in question. Accordingly, we place no weight on petitioner’s argument that these changes were made to stem petitioner’s losses before 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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