Elizabeth Giles - Page 40

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          activity exceeds the sum of the taxable losses incurred in the              
          activity.  We disagree.  With the possible exception of evidence            
          establishing that Bogaz was bred by petitioner and then sold by             
          her 10 years later for $20,000, petitioner has presented no                 
          credible evidence that any of the assets used in the horse                  
          activity (or for that matter any property that she owns) has                
          appreciated in value.24  Nor does the record contain any credible           
          evidence as to the specific fair market value of any of her                 
          assets (but for Bogaz).  While petitioner asks the Court to find            
          that the fair market values of Borissa, Feyras Raehele, Kart                
          Blanche, and the Falling Water Way property are the amounts which           
          the parties stipulated that the fair market values of those                 
          assets were “not more than”, we decline to do so.25  The fact               
          that the value of an asset is “not more than” a stipulated amount           
          does not mean that it is equal to that amount or, for that                  
          matter, that it is even close to that amount.                               
               Petitioner focuses especially on the Gavilan Hills property            
          and states that this property supports her claim of a profit                


               24 In fact, petitioner’s reporting that she received no                
          consideration on her sale of Silent Reign would indicate that               
          Silent Reign had lost all of its $3,500 value during the time               
          that she owned it.                                                          
               25 We also decline petitioner’s invitation to consider the             
          values reported on her depreciation schedules as the fair market            
          values of those depreciable assets at any time and decline to               
          presume that the fair market value of VT Kartel, had it not died,           
          would have as of the time of her trial been greater than her                
          proffered $35,000 fair market value of Kart Blanche.                        





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