Rhett Rance Smith and Alice Avila Smith, et al. - Page 58




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               7.  Amount of Occasional Profits--The amount and frequency             
          of occasional profits earned from the activity may also be                  
          indicative of a profit objective.  Sec. 1.183-2(b)(7), Income Tax           
          Regs.  Rance contends that he sold horses during the years in               
          issue where the price exceeded the original cost.  The amounts of           
          gain from those sales, however, were minimal ($839 and $230).               
          Moreover, Rance did not report any overall profits from the                 
          activity.  In other words, there was no showing of profit when              
          considering the overhead, depreciation, etc.  The record reflects           
          continual and overwhelming losses.  Accordingly, this factor is             
          unfavorable for Rance and LaRhea.                                           
               8.  Financial Status of the Taxpayer--Substantial income               
          from sources other than the activity, particularly if the                   
          activity’s losses generate substantial tax benefits, may indicate           
          that the activity is not engaged in for profit.  This is                    
          especially true where there are personal or recreational elements           
          involved.  Sec. 1.183-2(b)(8), Income Tax Regs.                             
               Without counting any farm income Rance and LaRhea had                  
          combined gross income (before taking into account a disputed and            
          conceded income issue involving offshore deferred compensation)             
          of $376,439, $421,563, $644,620, and $1,664,811 for the years               
          1998, 1999, 2000, and 2001.  By 2005, Rance and LaRhea’s gross              
          income was $2,739,845, without considering the cutting horse                
          activity.  They see this scenario as one that shows that they had           
          the resources to effectively operate the cutting horse activity             





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