- 40 - 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.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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