Elizabeth Giles - Page 31

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          were in California.  Petitioner presented no evidence that she              
          was aware of the state of the market or other factors that may              
          affect profitability.  “While a formal market study is not                  
          required, a basic investigation of the factors that would affect            
          profit is.”  Burger v. Commissioner, supra; see also Golanty v.             
          Commissioner, supra at 432; Wesinger v. Commissioner, T.C. Memo.            
          1999-372.                                                                   
               Petitioner testified that she discussed aspects of her horse           
          activity with two C.P.A.s, Ms. Pope and Mr. Wessman, which their            
          testimony corroborated.  However, it is unclear whether they                
          discussed anything more than petitioner’s expenses in preparing             
          the annual profit and loss statements and Schedules C.  While Ms.           
          Pope and Mr. Wessman may have expertise in accounting, neither              
          testified to having experience in running a profitable horse-               
          breeding business.  Since 1988, petitioner has not consulted with           
          experts regarding the economic aspects of running a profitable              
          horse-breeding business.  Considering petitioner’s long history             
          of losses, this is not indicative of a profit motive.  See                  
          Golanty v. Commissioner, supra at 432; Wesinger v. Commissioner,            
          supra; Hillman v. Commissioner, T.C. Memo. 1999-255; Dodge v.               
          Commissioner, T.C. Memo. 1998-89.                                           
               None of petitioner’s reference materials and publications              
          were devoted to the business aspects of horse breeding.                     
          Petitioner testified that only one of the references in her                 






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