Storyparadox1
James Gould Cozzens 360x1000
499
1madoff
Spottswood William Robinson 360x1000
3defense
1transcendentalist
1theleasofus
1confidencegames
1empireofpain
Anthony McCann1 360x1000
storyparadox3
1jesusandjohnwayne
Ruth Bader Ginsburg 360x1000
Richard Posner 360x1000
3confidencegames
10abion
Thomas Piketty1 360x1000
Stormy Daniels 360x1000
Betty Friedan 360x1000
399
Learned Hand 360x1000
8albion'
Adam Gopnik 360x1000
5confidencegames
5albion
Tad Friend 360x1000
AlexRosenberg
11albion
Mary Ann Evans 360x1000
Brendan Beehan 360x1000
2theleastofus
1lauber
Margaret Fuller1 360x1000
Margaret Fuller5 360x1000
Maurice B Foley 360x1000
6albion
1paradide
2gucci
2confidencegames
3paradise
George F Wil...360x1000
14albion
1defense
12albion
lifeinmiddlemarch1
1lookingforthegoodwar
1falsewitness
lifeinmiddlemarch2
Margaret Fuller 360x1000
6confidencegames
11632
Mark V Holmes 360x1000
13albion
Gilgamesh 360x1000
storyparadox2
9albion
7albion
2falsewitness
2jesusandjohnwayne
Samuel Johnson 360x1000
Margaret Fuller2 360x1000
Edmund Burke 360x1000
2defense
4albion
7confidencegames
3albion
2lookingforthegoodwar
2trap
Susie King Taylor 360x1000
2paradise
3theleastofus
Maria Popova 360x1000
2transadentilist
Office of Chief Counsel 360x1000
Margaret Fuller 2 360x1000
199
Susie King Taylor2 360x1000
LillianFaderman
299
Thomas Piketty3 360x1000
Margaret Fuller4 360x1000
1albion
Lafayette and Jefferson 360x1000
George M Cohan and Lerarned Hand 360x1000
4confidencegames
2lafayette
1lafayette
Thomas Piketty2 360x1000
Margaret Fuller3 360x1000
Anthony McCann2 360x1000
2albion
1trap
1gucci
Originally Published on forbes.com on January 30th, 2012

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The poster child for a business activity that the IRS will consider a hobby, denying deduction of net losses under Code Section 183, is horse breeding.  Horse breeders often do OK in Tax Court though.  I think Tax Court judges share my attitude.  Horses are large animals that seem to defecate quite a bit.  How much fun can caring for them be? Although the Tax Court had a fairly extensive analysis of Peter and Carolyn Bronson’s Coldstream Farm, where they raise Welsh ponies, I think an off-hand observation may have been critical:
Moreover, because petitioners’ horses were all boarded during the years at issue, they essentially avoided the unpleasant tasks associated with caring for horses, such as cleaning stalls, regular exercising, and the like.
The years at issue were 2001 to 2005 with deficiencies averaging almost $30,000 per year.  Peter Bronson is an attorney.  Carolyn Bronson, whom the Court refers to as Dr. Bronson, by virtue of her Ph.D. in consumer finance, devoted her time to the Welsh pony business.  They had become interested in Welsh ponies when their daughter began riding lessons on one.  Apparently they had a no-change audit in 1999.  Due to the high cost of boarding, they had determined that they would not be able to be profitable without their own facility.
One of the keys in winning a hobby loss case is that you show the Court that you were paying attention to your results and modifying based on experience to get more profitable, even if you are ultimately unsuccessful.  The Bronson’s plan to buy their own place indicates that type of thinking.  However, they took a long time to do it, which might be a sign of prudence, but during that time they continued to acquire more ponies.  That seems to have been the Court’s greatest criticism of their profit motive.
The Court also had some issues with record keeping:
Finally, petitioners claim that their recordkeeping indicates a profit motive because they “always recorded every business-related expenditure individually, and have assiduously separated business-related from non-business components of even $5 and $10 expenditures.” A close examination of their records reveals a different picture. For more than three-quarters of the expenditures that had mixed horse activity and personal components, petitioners simply allocated exactly 80 percent of the expenditure to the horse activity, suggesting that their segregation of nondeductible personal expenditures was, at best, approximate. We also note that the depreciationschedule attached to petitioners’ 2002 return lists a dog among the depreciated items, and petitioners deducted $1,144 of Schedule C expenses relating to the dog in that year. In short, petitioners’ recordkeeping was not businesslike; personal expenditures were not meticulously segregated as petitioners claim.
The dog almost inspired a bad joke on my part to the effect that since they were small horses, a really big dog might pass.  Aren’t you glad I skipped that?  Another CPA who knows more about horses and dogs, for that matter, than I do, indicated that it is possible that they were using the dog to herd the horses.  She thought it a stretch, but plausible.
Although they used an accountant to prepare returns, the Court did not think that they adequately consulted with him on the hobby loss issue so they got hit with penalties for two of the years.  Peter Bronson is an attorney specializing in bankruptcy litigation.  He and Dr. Bronson represented themselves.  The deficiency was close to $150,000 so I have to question whether that was good judgment.  Another possible error was claiming a bargain sale charitable deduction on the sole horse that they sold during the five years.  To me that is a “Hogs get slaughtered” type of maneuver.
If you have been deducting persistent losses from a horse breeding activity, you might want to contrast this case with that of Mark and Patti Blackwell.
You can follow me on twitter @peterreillycpa.