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