Judith A. Sanders-Castro - Page 13

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          against a finding that petitioner had the requisite profit                  
          objective.                                                                  
               C.  Losses From the Activity                                           
               A taxpayer’s history of income or losses with respect to the           
          activity can indicate whether a profit objective was present.               
          Sec. 1.183-2(b)(6), Income Tax Regs.  Petitioner estimated at               
          trial that she incurred approximately $8,300 in expenses related            
          to the horse showing and breeding activities that she did not               
          deduct on her Federal income tax return for a previous taxable              
          year.  Without taking those expenses into account, petitioner has           
          claimed $43,289--all as losses--in deductions from the                      
          commencement of these activities in 1998 through the taxable year           
          in issue.  In petitioner’s favor is the fact that she ceased                
          involvement with the activity in 2005.                                      
               Horse breeding is an activity subject to unforeseen risks,             
          such as the premature death of a horse.  In addition, petitioner            
          could have been considered to be in a startup phase as 2001                 
          represented only her fourth year of participation in an activity            
          with a long investment period.  While cases have held that horse-           
          breeding activities may be engaged in for profit despite                    
          consistent losses during the startup phase, see Golanty v.                  
          Commissioner, supra at 427, it is not merely the absolute loss              
          that the Court must consider.  Rather, it is the overall record,            
          and most notably the fact that the one time petitioner realized             






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