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