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

I became fascinated by the Rafalca story because it brings together many of elements of tax practice that I follow closely – Code Section 183 (hobby losses), Code Section 469 (passive activities), the entity versus aggregate conception of partnership taxation.  Rarely is there an opportunity to bring these all together and connect them to an event that is in the public eye.  When I noted this morning that Rafalca was competing I became quite excited and thought I would be able to connect the stories.  Since when I hit publish, Rafalca was in sixth place, I thought that meant she could not get a medal.  A commenter quite rightly criticized me for poor research.  It had not occurred to me that the dressage competition is a multi-stage affair.  As I write this Rafalca is in 13th place and there is some hope of her advancing to the next stage. I apologize for not looking further into the matter this morning.  And I will keep rooting for Rafalca.

Rarely do I regret not having television, but this is one of those times. I just read that Rafalca, Mitt, and Ann Romney’s dancing horse, is currently placed 6th with 70.243 points in the individual dressage competition at the London Olympics.  I doubt that there is any connection between Rafalca getting 70 odd points and the Romneys having a 70 odd thousand deduction on their 2010 return from the partnership that owns Rafalca. I don’t know much about dressage, but I think that if you come in sixth, there is no medal.

It got me thinking about how much Rafalca saved Romney in current dollars on his 2010 return. My first thought was twenty to thirty grand. Then I remembered that his income is so heavily weighted towards capital gains and he gives so much to charity, that it might have only been about 10 grand. Then I remembered that the partnership was a passive activity with respect to the Romneys, meaning neither one of them spent at least 500 hours a year on the activity. Romney has over a million in losses from other passive activities and very little in the way of income from passive activities, so he was only allowed $50 of the loss from the partnership. Poor Rafalca. No medal and you only saved master about 10 bucks.

It is even worse though. If Romney had not had the Rafalca loss, he would have been able to deduct $50 more of the losses from his other passive activities. So for 2010, Rafalca saved master nothing.

It is true that Romney may get to use the losses in the future if he has income from passive activities or when the partnership interest is entirely disposed of, but the future is uncertain. Anyway, nice try Rafalca. I was rooting for you and so were Dogs Against Romney .  Hope they let you ride inside on the flight home.

You can follow me on twitter @peterreillycpa.

Postscript

I had studied Romney’s 2010 and draft 2011 returns sometime ago.  The Rob Rom partnership which owns Rafalca did not register with me.  A few days ago, Janet Novack, my esteemed editor, called to interview me for her piece Both Left And Right Got The Taxes On The Romneys’ Olympic Horse Wrong.  You can see what I had to say about it in her piece, but as part of the interview, I cluelessly asked her why this was in the news now.  She told me it was because of the Olympics?  I did remember that the Olympics were going on.  I don’t have a television, though, and the only Olympic sport I like is curling, which they don’t do in the Summer Olympics.  The tax questions were fascinating though and I did a piece on how to keep straight the various obstacles there are to posting negative numbers on your return – Romney’s Olympic Horse Not Jumping Through The Last Hoop of Deductibility.  As Frank Frank notes, though, my research on the actual dressage competition was abysmal.