# UNITED STATES TAX COURT > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/agency%3Atax-court%3A77f86c98eb6f6d25 ## Record - **Collection:** Agency decision - **Document type:** Agency decision ## Text cLC T.C. Memo. 2011-188 UNITED STATES TAX COURT MARK E. AND PATTI L. BLACKWEL , Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 29287-09. iled August 8, 2011. Thomas M. Regan and Beniat in A. W gner, for petitioners. William R. Peck, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION t SWIFT, Judge: Respondent determ ed deficiencies in petitioners' Federal income taxes for 2005 and 2006 in the respective amounts of $46,504 and $34,500. The issue for decision. is whether petitioners' horse breeding activity constituted lan activity carried on for profit SERVED Aug 08 2011 - 2 under section 183.1 The trial was held on March 3, 2011, in St. Paul, Minnesota. FINDINGS OF FACT Some of the facts have been stipulated and are so found. At the time the petition was filed, petitioners resided in Minnesota. Petitioner Mark Blackwell (Mark) has an M.B.A. degree and 30 years of significant experlence in business management. In the early 1970s Mark was a motocross racer and instructor. He participated in national and international motocross racing events, and in 1971 he was national motocross champion. Mark established the first motocross drivers' school for Suzuki. From the late 1970s through the present time Mark has had a successful business career as manager and senior officer for a number of motorcycle, snowmobile, ATV, and personal watercraft manufacturing companies--for Suzuki as instructor and manager of a winning professional motocross racing team, including six national championships, and as head of Suzuki's motorcycle and ATV division;- for Husqvarna Motorcycle Co.; for Arctic Cat; and 1All section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. for Polaris Industries, manufacture and seller of, among other things, Victory motorcycles. At these various jobs Mark typicall.y worked over 40 hours a week. In the mid-to-late 1980s, while working full time, Mark completed his college degree and earned an M.B.A. from Pepperdine University. Over the years Mark has participated in a number of executive management programs, such as a business strategy course at the Wharton School at the University of Pennsylvania. Petitioner Patti Blackwell (Patti) has a college degree in nursing. During 2000, 2001, and 2002 Patti did not work, apart from her involvement in the horse activity described below. Beginning in 2003 Patti worked approximately 30 hours a week as a rehabilitation nurse counselor for the State of Minnesota, generally working out of the family résidence. In 2003 through 2009 petitioners salaries from their above employment were as f ollows : Year Mark Patti Total 2003 2004 2005 2006 2007 2008 2009 $1,187,118 585,923 646,579 479, 091 904 , 97Ë 474, 279 311, 997 $36,157 4 ,622 43,820 50, 163 56, 780 54 , 433 5 , 043 $1,223,275 633,545 690,399 529, 254 961, 751 528, 712 371, 040 - 4 Mark did not grow up around farm animals or horses and learned how to ride horses on family vacations. Patti grew up around farm animals and horses and always dreamed of owning and raising horses. In 1993 petitioners purchased their first horse, and from then until 2000 petitioners purchased a number of additional horses; read books and magazines, including the Quarter Horse Journal, Quarter Horse News, and the Reiner magazine; and watched videos about horse management and breeding, bloodlines, and horse operations. Petitioners also attended a number of national horse shows. In the mid-1990s petitioners developed an interest in starting up an activity of purchasing, breeding, and training horses. In approximately 1996 Patti enrolled in the Equine Industry Management bachelor's degree program at the University of Minnesota. In that program Patti took courses relating to the health care, showing, judging, breeding, bloodlines, and training of horses; the management of a horse activity as a business; and the economic aspects of horse breeding and training. In that program Patti in 1998 received another bachelor's degree magna cum laude. By the late 1990s, as a result of their reading and research, their conversations with horsemen, and a number of training programs they had participated in relating to horse breeding and training, petitioners' interest became focused on western performance horses; namely, reining and cutting horses and working cow horses. In 1999, in further prepažation for starting up their horse breeding and training activity, Mark, with Patti's assistance, prepared a detailed business plan relating to the purchase, breeding, training, showing, and sale of reining horses. The business plan included sections entitl d "Executive Summary", "Market Overview", "Advertising and Promotion", and "Proforma Income Statement". The business plan stated hat Pat i would act as the barn and breeding manager and would be responsible for the health, care, nutrition, and training bf the horses, and that Mark would be responsible for the business and marketing side of the horse activity. In the business plan, the proforma income statement projected estimated losses for 2000 and 2001 of $24,000 and $7,000 and estimated profits for 2002 through 2005 of $3,000, $33,000, $48,000, and $68,000, respectively. The estimated profits were based on projectÊons petitioners made of breeding fees and horse sale proceeds. Beginning in 2000, on their horse ranch property in Delano, Minnesota, on which petitioners' family residence also was located, petitioners began an American Quarter Horse breeding activity and training activity under the name of Fresh Horses Farm (FHF) with the objective of purchasing, breeding, training, and selling reining horses. As planned, Patti was in charge of the horses, and Mark was responsible for the business and marketing side of the horse activity. Generally, petitioners sought to purchase quarter horses that had already had some success in regional horse shows and/or that had recognized bloodlines. Patti, with some advice from Mark, would make the decisions as to which horses, to purchase. Patti and Mark jointly would decide which stallions to hire to breed with their mares and whether and when to sell their horses. During the years in issue petitioners did not hire anyone to manage their horse activity. Patti typically spent 15 to 20 hours a week taking care of the horses, and Mark spent 2 to 5 hours a week in the horse activity. Each day Patti would feed the horses, groom them, exercise them, turn them out, and clean out the horse stalls. With her training in medicine and to avoid additional expenses, Patti did much of the health maintenance on the horses - 7 without hiring a veterinarian. horses. Patti vaccinated and dewormed the She did the "foal watch" and would assist in the delivery of the foals.2 In connection with their FHF horse activity, petitioners maintained a bank account under the nahe of FHF, and petitioners used BarnPro, a recognized horse farm software program, to record and keep track of FHF income· aÄd expenses . In connection with their ownershi of horses and the activities of FHF, one or both!of petitioners were members of the following horse organizations:1 American Quarter Horse Association (1993 to present) , L National Reining Horse Association (1998 to present) , North Central Rein ng Horses Association (1998 to present), National Cutting Horses Association (2006 to 2010), and Minnesota Cutting Horses Association (2006 to 2010). Both Mark and Patti- occasionally rode their horses in horse shows, won some nominal prize money, a1d participated in social events at horse shows. In 2002 and later years petitionecs sought and received advice on their FHF horse activity fro.n a number of expert horsemen, including Bob Janssen of Janssen Performance Horses, a nationally recognized horse trainer. 2"Foal watch" consists of 24-hour observation of a mare about to deliver a foal. Over the years petitioners advertised their horses on their own FHF Web site, on business cards, calendars, clothing, flyers, and in videos and magazine articles. Occasionally petitioners would hire professional horse trainers to work with their horses and to show or ride their horses in horse shows. In 2006 petitioners shifted their horse breeding and training activity from reining horses to cutting horses because by 2006 cutting horses were in greater demand in the horse industry. At one point petitioners began trying to sell some of their horses as long yearlings to avoid horse training expenses they would incur if they kept the horses longer. Petitioners purchased three horses in 1998, one horse in 1999, three horses in 2000, one horse in 2003, one horse in 2004, one horse in 2005, three horses in 2007, and two horses in 2008. All but four of the horses petitioners eventually sold were sold at a loss, three were sold at a small profit over petitioners' purchase price (not taking into account expenses relating to the horses), and one died for which petitioners received an insurance payment. The schedule below provides some detail about the horses petitioners purchased and sold: Horse Name Year Purchased Purchase Price Selling Price Year Sold Glo Jessie Glo Calico Catalyst ZF Zap Em Dunitz Midnight Glo Miss Bessie Westwind CeeCee Pauli Sheza Chexy DunIt Smart Little Dun It Smart Chic Hoo Does Sweet Sugar Boon U Neek Hickory Lenas Lucky Chic Memphis Chic To Smart Lil Juice 1998 1998 1998 1999 2000 2000 2000 2003 2005 2007 2007 2007 2008 2008 $12,500 12, 00 2,000 5,Ò 0 20,,0 0 13,000 11,000 25,000 15,000 30,000 11,000 1,000 3,500 15,000 $7,500 7,000 3,200 3,750 15,000 5,500 15,000 15,000 15,000 8,300 6,100 4,000 1,500 9,800 2002 2003 2001 2003 2007 2002 2003 2007 2005 2010 2010 2008 2008 2009 Petitioners purchased the following five additional horses which, as of the date of trial, either had died or were still owned by petitioners: Horse Name Year Purchased Dudes Jackie May Sonata Starlight Smart Chicaway High Brow Madonna Jodies BH 1993 2004 2006 2007 2000 Purchase Price $2,000 . 48,000 30,0Ó0 15,000 16,Õ 0 Year Died Petitioners Still Own 2007 12007 ------- ----Yes Yes Yes 1When Sonata Starlight died unexpectedly in 2007 from colic, petitioners eceived a $48,000 insurance payment. . From 1999 through 2008 petitioner acquired and sold 21 additional horses which petitioners acquired by breeding their mares to outside horses, for fees. hich stud services petitioners paid The resulting foals, aËter being raised and trained for a period by petitioners, were sÅld by petitioners as follows: - 10 - Birth Year Horse Name Stud Fee Selling Price Year Sold 1999 Dunitz Fresh Dude Jessies Gotta Whiz Arcticatalyst $300 2,500 300 $5,000 4,000 7,600 2002 2003 2002 2000 Fresh N Dun Get Fresh With Me Freshinic 300 3,000 750 1,000 7,000 1,700 2001 2001 2003 2001 Fresh Champagne Fresh Victory A Farm Fresh Chic Mid West Whiz 500 2,500 2,000 1,500 3,000 2,800 5,000 12,500 2002 2002 2006 2004 2002 Over the Reinbow To The Moon 2,500 500 2,750 2,000 2004 2004 2003 Foxy Cleopatra After Midnight Lil Ruf Shagwell 372 771 3,050 1,000 3,400 9,800 2005 2005 2009 2004 Ruf Talkin Dunit 1,500 50,000 2007 2005 Chics Big Star (1) 25,000 2006 2006 Smart Lil Miss Starry Eyed Chic 6,000 11,000 8,000 11,000 2007 2009 2007 Fresh Juice Little Wrangler Sonatas Rock Star 1,291 4,500 (2) 6,600 1,550 2,200 2009 2009 2010 2008 Total Boonalicious 18,000 63, 134 6,500 179, 400 2009 1The foal Chics Big Star was purchased in utero. 2Petitioners incurred no stud fee for Sonatas Rock Star as their mare was bred with one of their own stallions. A horse (Smart Chicaway) that petitioners purchased in 2006 for $30,000 and which petitioners still own has sired a number of horses--all owned by others--which horses have won a number of - 11 - horse cutting competitions and have ear1ed a total of $27,998 in winnings for their owners in events spohsored by the National Cutting Horse Association and total f $22,952 in winnings in events sponsored by the NationÊl Reining Horse Association. Petitioners still own a h rse called Starbucks Fresh Brew which petitioners acquired through breeding one of their mares for a stud fee of $1,500. Petitioners believed that two particular horses--Smart Lena and Sonata Starlight--that petitioners purchased in 2003 and 2004 had the potential (with the right breeding) to produce foals that would have bloodlines attracti e on tÑe national horse market. Petitioners' horse activity was marred by a number of illnesses their horses experienced. T e sudden and unexpected death of Sonata Starlight in 2007 was a major setback to petitioners' plans to have successful and profitable breeding mares that would produce foals that would eventually be sold at the national level. Petitioners propose, respondent does not object to, and we find the following additional facts: Petitioners believed in 2004 they had a broodmare band which would allow them to sell their foals at the national level. They hoped the sale of Sonata's foal would recoup much of FHF s inves ment. At one point two of peti ioners' horses were shipped to Missouri for sale with the hope of selling each horse for $15,000. Because of a softe ing of the.horse market, the horses were each sold for less than onehalf of the price expected. - 12 - One of petitioners' foals (Boonalicious) was a filly by a leading cutting stallion. Boonalicious' stud fee was $15,000. Petitioners were optimistic about their prospects with this filly. Petitioners hired an experienced horseman to fit and present Boonalicious at the National Reined Cow Horse Futurity in Reno, Nevada. They understood that the horseman was the best of the best. They were devastated when they received only $6,500 for the horse, less than 10 percent of what similar horses had sold for in prior years and what they thought she was worth. Petitioners consulted all the experts and did everything the experts told them to do, but finally in 2009 petitioners determined that their FHF horse business was not sustainable. Petitioners kept track of the income and expenses of their FHF horse activity by making entries into their BarnPro horse management farm software. Annually, petitioners prepared a summary report of their expenses involving their ownership of horses and FHF's activities. In 2009, because of the losses they continued to experience, petitioners terminated their horse breeding activity. On the Schedules C, Profit or Loss From Business, attached to their 2003 through 2009 Federal income tax returns, petitioners reported gross income, total expenses (including depreciation), net operating losses, and gain from the sales of business property (Form 4797 gain), relating to their FHF horse activity, as follows: - 13 Net Year 2003 2004 2005 2006 2007 2008 2009 Total Gross Income Total Expenses perating Loss Form 4797 Gain $1, 011 3, 106 10,020 30,870 67, 420 7,952 46,261 166, 640 $69 468 90, 809 132,416 123,217 148, 286 133,270 108,811 806, 277 ($68, 457) (87, 703) (122,396) (92,347) (80, 866) (125,318) (62,550) (639, 637) $18, 934 17, 250 4,152 -046, 373 -0-086, 709 On the Schedules C attached to the r 2005 and 2006 Federal income tax returns, petitioners claimed the following business expenses relating to their FHF horse aó ivity: Expense 2005 2006 Advertising Commission/ f ees $1,8 0 5 2 $3,505 3, 752 Depreciation Insurance 29,4 2 3 , 610 22,738 4 , 529 Repairs/maintenance G27 --- Supplies Board Breeding Farrier Feed hay 1, 388 7 , 910 25, 61 3 , 284 5, 95 202 4 , 191 11, 892 4 , 701 5, 580 Health maintenance 7,147 2, 581 Membership 525 210 Miscellaneous - - 140 Shavings Show expense Training Tack 1/026 13, 540 14, 49 - - 1, 225 10 , 282 32,132 509 Transportation Vet Total 1, 20 620 14 950 132 116 14,428 123, 217 On audit for 2005 and 2006 respondent determined that petitioners' FHF horse activity did not qualify as an activity engaged in for profit, and respondent disallowed deductions for - 14 - all of the reported business expenses in excess of income received. OPINION Under section 183(a) and (b), if an activity is not engaged in for profit by a taxpayer the deductions claimed by the taxpayer relating to the activity are not allowed except to the extent of income received from the activity. To be treated as "engaged in for profit" an activity must be carried on by the taxpayer with an actual and honest profit objective. Commissioner, F.2d 1205 78 T.C. 642, (D.C. Cir. 1983). 645 Dreicer v. (1982), affd. without opinion 702 Activities carried on primarily for sport, hobby, or recreation do not qualify as for-profit activities. Sec. 1.183- 2(a), Income Tax Regs. Whether a taxpayer has the requisite profit objective with respect to an activity is a question of fact that is to be decided on the basis of all the evidence in a case. Generally, the taxpayer bears the burden of proving that he or she carried on the activity with a profit objective.3 Rule 142(a). In deciding this question, regulations under section 183 set forth a nonexclusive list of nine factors which generally are 3Petitioners do not argue for a shift of the burden of proof to respondent under sec. 7491(a). - 15 - considered and which we discuss below. Sec. 1.183-2 (b) , Income Tax Regs. Manner in Which the Activity Is Carried On Petitioners generally carried on their FHF horse activity in a reasonably businesslike manner. During the 1990s petitioners prepared to start up a horse breeding and training activity by taking educational courses relating to the care, management, breeding, and economics of horÃes, and by purchasing, caring for, training, and selling a number of horses. Petitioners developed a rather comprehensive written business plan relating to the proposed horse activity. Beginning in 1994 petitioners took 6 or 7 years learning about horse breeding and management before attempting to engage in a for-profit horse breeding, activit . In Mark's words: were pretty cautious, so we didn' t jump into it . "[W]e We just kept trying to learn and figure out is this a business that we could * * * be in and be successful, and it took us some time to make the final decision to get in." Once petitioners started up their FHF horse activity in 2000 and during the years in issue petitioners were not absentee, aloof, or recreational horse owners. Patti managed and worked diligently and daily on the horse activity, doing essentially all of the horse maintenance herself . Pe itioners consulted expert horsemen, hired expert horse trainers to assist in training the - 16 - horses, advertised, showed the horses, and paid significant stud fees to have their mares bred with stallions which they regarded as having good bloodlines. In their efforts to make improvements to the horse activity, petitioners made adjustments in their business plan, moving from reining horses to cutting horses and selling their horses as yearlings. Petitioners maintained reasonably good books and records of income and expenses relating to their horse activity. In 2009 petitioners terminated their unprofitable horse activity in light of the losses realized. Expertise of the Taxpayer Through Patti's experience with and her education relating to horses and through Mark's business experience, petitioners were reasonably well qualified to engage in a horse breeding activity for profit. Mark's business qualifications were particularly strong and he had a gifted ability to make good business decisions, to market and advertise effectively, and to work successfully with others. Time and Effort Expended in Carrying On the Activity The time, effort, and financial resources petitioners personally put into and invested in their FHF horse activity are not indicative of a hobby; rather, they are indicative of a for- - 17 - profit activity. Of the time petitione s spent with the horses, most of it was daily hard work. Expectation That the Horses May Appreci te in Value Petitioners certainly had the expectation, and acted thereon, that at least some of their horses would become valuable as reining or cutting horses or as valuable mares or stallions with recognized bloodlines wïth significant value for breeding purposes. Success in Other Activities Patti's degree from the University of Minnesota relating to horse management indicates some likelihood of success and a.high commitment to petitioners' horse activity. Mark's obvious business acumen and success in business development and management wit other ompanies, along with petitioners' credible testimony, indicate, to us, an ability, determination, and savvy to make a pr fit and be successful in petitioners' horse activity. History of Income or Losses A series of losses during the sta:tup period of an activity is not necessarily an indication that the activity is not engaged in for profit, bearing in mind, however, that the objective must be to realize a profit on the entire operation--future net earnings and also enough earnings to recoup losses that have been incurred in interven1ng years Bessehvey v. Commissioner, 45 - 18 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967); Emerson v. Commissioner, T.C. Memo. 2000-137. We note that in 2006, 2007, and 2009 petitioners did receive significant gross income from their horse activity ($30,870, $67,420, and $46,261, respectively), although not what petitioners hoped for. The bottom line losses realized in petitioners' horse activity were substantial. However, the losses were realized during what we, in this case, regard as still the early or startup years of the activity, and petitioners terminated the horse activity in 2009 when it became clear to petitioners that the likelihood of profitability was remote. Amount of Occasional Profits An opportunity to earn a substantial ultimate profit in a highly speculative venture may be sufficient to indicate that an activity is engaged in for profit. Sec. 1.183-2(b) (7), Income Tax Regs. Horse breeding and training is a speculative venture. Petitioners have convinced us that they had an opportunity or the potential to earn a profit in their FHF horse activity. Financial Status Petitioners did have substantial wealth and resources not related to their horse activity, but in light of the minimal recreational aspects of petitioners' horse activity, we do not - 19 - .regard petitioners' wealth as ihdicative of a nonprofit objective for petitioners' horse activity. Elements of Personal Pleasure Although Patti had a lifelong interest in horses, the facts of this case do not indicate that petitioners' FHF horse activity was motivated or driven by per onal pl sure alone. As we have found, petitioners' had actual hopes f r the sale of their horses at a profit, and petitioners' horse activity is appropriately described as a "business" . Petitioners' business plan did not work out and income did not exceed expenses, but we discern few recreational and sports aspects in petitioners' FHF horse acti1rity; rather, in petitioners' motive, efforts, and investment in carrying on their FHF horse activity during the years in issue we discern and find a profit objective. We so hold. Decision will be entered for petitioners. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Atax-court%3A77f86c98eb6f6d25. Public record. Not legal advice.