Judith A. Sanders-Castro - Page 14

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          any gain from the sale of a horse, she neglected to include it on           
          her Schedule C for the applicable year.  The Court finds that               
          this factor weighs against the existence of a profit objective.             
               D.  Profit From the Activity                                           
               Some profit, even if only occasional, may indicate that an             
          activity is engaged in for profit.  Sec. 1.183-2(b)(7), Income              
          Tax Regs.  Absent actual profits, the opportunity to earn                   
          substantial profits in a highly speculative venture may be                  
          sufficient to indicate that an activity is engaged in for profit.           
          See id.  Petitioner never put herself in a position to earn a               
          profit in the year at issue.  She did not enter her horses in               
          competitions that paid cash prizes, but only in those that                  
          awarded points.  None of her horses were entered into any                   
          competitions during the taxable year.  She never advertised any             
          of her horses for sale.  While petitioner could have recouped               
          some of her losses through the sale of her horses (one of which             
          was a successful brood mare with a proven record of performance             
          in competition) at the time she ended her participation in the              
          activity, she chose not to.  She chose instead to give the horses           
          away to a friend.  Petitioner testified that the market for                 
          horses was down and that she would not have been able to fetch a            
          good price for her horses; if a profit objective had been at the            
          heart of her participation in this activity, petitioner should              







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