Jane Freed - Page 14

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          274 (1965), affd. 379 F.2d 252 (2d Cir. 1967); sec.                         
          1.183-2(b)(4), Income Tax Regs.                                             
               Although petitioner contends she expected the assets to                
          appreciate in value in light of her actions, petitioner failed to           
          explain how she expected the sale of her thoroughbred horses and            
          their offspring to recoup the over $1.1 million in losses she               
          incurred over 14 years.  She never had any of her thoroughbred              
          horses appraised.  In addition, nothing in the record                       
          demonstrates that any of the thoroughbred horses she sold                   
          commanded such a price that she could expect to overcome her                
          history of losses.                                                          
               5.  The Success of the Taxpayer in Carrying On Other                   
               Similar or Dissimilar Activities                                       
               We next examine the success of petitioner in carrying on               
          other similar or dissimilar activities.  If a taxpayer has                  
          previously engaged in similar activities and made them                      
          profitable, this success may show that the taxpayer has a profit            
          objective, even though the activity is presently unprofitable.              
          Sec. 1.183-2(b)(5), Income Tax Regs.                                        
               Respondent claims that petitioner has never transformed an             
          unprofitable enterprise into a profitable one.  The evidence                
          shows that petitioner’s only other foray into thoroughbred horse            
          activities was her second husband’s unprofitable horse farm in              
          the 1960s.  Petitioner urges us to discount this factor because             
          the professional journal articles upon which petitioner relies              





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