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