Joseph A. Gallegos & Joy K. Gallegos

CourtUnited States Tax Court
DecidedMarch 2, 2021
Docket11003-14
StatusUnpublished

This text of Joseph A. Gallegos & Joy K. Gallegos (Joseph A. Gallegos & Joy K. Gallegos) is published on Counsel Stack Legal Research, covering United States Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph A. Gallegos & Joy K. Gallegos, (tax 2021).

Opinion

T.C. Memo. 2021-25

UNITED STATES TAX COURT

JOSEPH A. GALLEGOS AND JOY K. GALLEGOS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Docket No. 11003-14. Filed March 2, 2021.

John Edward Leeper, for petitioners.

Sheila R. Pattison, Bryan J. Dotson, Bruce K. Meneely, and Abbey B.

Garber, for respondent.

MEMORANDUM FINDINGS OF FACT AND OPINION

HOLMES, Judge: Joseph Gallegos was making a very good living from his

insurance business when he decided to devote a very large chunk of his time to

team roping. This cost him tens of thousands of dollars, some of which he put on

the same Schedule C, Profit or Loss From Business, as his insurance business.

The Commissioner says these are personal expenses and disallowed them.

Served 03/02/21 -2-

[*2] FINDINGS OF FACT

Gallegos grew up on the largest ranch in Albuquerque, New Mexico, and he

learned his way around horses at a very young age. But it wasn’t on horses that he

rode to success. After graduating from high school in 1980, he began to sell

health and life insurance. He didn’t find it easy, and he and his wife relied on her

job at a marketing research firm to make ends meet for their family. But then he

had an excellent idea--he and his wife started up a field marketing organization,

West Texas Brokers, Inc. Their field marketing organization “basically * * *

specialize[s] in what is called Medicare Advantage.” This was a relatively new

area of the insurance business, and Gallegos came up with a way to hire and train

field agents to represent insurance companies and sell their policies in new

markets: His agents earn commissions when they make sales and the Gallegoses’

business shares in their success through override commissions.

The business was a galloping success. Gallegos proved exceptionally

talented at spotting people with promise and, once he roped them into a training

program and then let them loose in the market, he could share the commissions

that they brought in. He was able to slow down his day-to-day operations, as

much of the work could be delegated to his wife and other members of his family.

And though the Gallegoses credibly testified that the insurance market could be -3-

[*3] “extremely volatile,” the business did well. It earned a net profit of just over

$360,000 in 2009 and close to $500,000 in each of the two years that followed.

With some extra time on his hands, and (he says) concerns about his continued

success in the industry, Gallegos decided to focus his energy on team roping.

A. Team Roping

Gallegos started competing in team-roping competitions in 1989. He had

been somewhat “around it” as a child but received a more formal introduction

when he bought a horse from a team-roping “producer”.1 Gallegos at first

intended to use the horse to cover more ground while deer hunting, but once he

tried team roping he was hooked. Or maybe lassoed.

1. Team Roping for the Equine Challenged

Team roping is an event taken from professional rodeo (though “not a rodeo

event itself”), but its origins can be traced back to the Old West “when cowboys

needed to treat or brand steers too large or difficult for one man to handle alone.”

Team Roping, Silver Spurs Rodeo, https://www.silverspursrodeo.com/

team-roping/ (last visited Sept. 4, 2020). It “evolved into a sport when a couple of

cowboys somewhere, many years ago, turned a common ranching procedure into

1 A producer in this industry is someone who “buys and sells rope horses and puts on team roping.” -4-

[*4] competition.” John Findlay, Team Roping Basics, United States Team

Roping Championships, https://www.ustrc.com/Knowledge/Roping101/index.asp

(last viewed Sept. 4, 2020). It requires coordination and timing between two

cowboys, the “header” and the “heeler”. Id. Gallegos is a header, and his job is to

“rope just what it says, the head of the cow or the steer.” Then there’s the heeler

who, after the header has roped the head, comes from behind to rope the two back

feet. Both cowboys then “dally”, or wrap, the rope around the horns of their

saddles to pull the ropes taut and stop the steer. Once the cowboys face each other

with the steer in the middle, a flag is dropped and time is called. The fastest team

wins. (We acknowledge that this is a very simplified explanation. There are a

multitude of rules on timing, positioning of the riders, and “legal head captures.”)

Team roping has gotten big enough to become its own event, completely

separate from rodeo, and is done all over the world--though it remains most

popular in the United States. Much of the sport’s growing popularity is due to the

founding of the United States Team Roping Championships (USTRC), the United

States’ primary roping association. The USTRC was founded in 1989 to provide a

classification system that matches ropers in competitions based on their skill

levels, instead of having just one big “open division” where ropers of all skill

levels compete against each other. -5-

[*5] Under the classification system, ropers are rated on a scale of 1 to 10, with

10 being the most highly skilled. Roping is a team sport, and team ropers can

enter competitions based on their combined rating (e.g., a 5-rated header and a 6-

rated heeler can enter an “11 Division,” etc.). Gallegos is rated a “5-5+”, and most

of the some 80,000 members of the USTRC are handicapped at a five or lower.

This classification system was huge, because it allowed for more competition and

a larger spread of winnings. The sport is pay-to-play and requires fairly hefty

entry fees--fees that have increased with the popularity of team roping.2 You

therefore “have to be prepared if you’re going to put that kind of investment in.”

And the goal is to perform well enough to at least win back your entry costs.3

There are many costs in addition to entry fees--ropers have to pay for their

own travel, a trailer or truck for their horses, and the horses themselves. It is not

an inexpensive undertaking.

2 One odd, but foreseeable, consequence is that there is much more money to be made if you are an average roper, because there are more ropers in this skill level. For example, a 5-rated roper has more flexibility to team up with other similarly ranked ropers (4, 5, 6, 7) and enter more ropings than say, a 9-rated roper who has fewer competitors and thus a smaller pool of money. 3 Gallegos testified that at certain competitions, the first place team in the Number 10 Division could win as much as $275,000, to be split between the two team ropers. Prize money may be awarded as low as the 40th-place team, where team members could still collect around $3,000 each. -6-

[*6] 2. Gallegoses’ Team-Roping Business Plan

Gallegos had been team roping for years, but it wasn’t until 2009 that the

Gallegoses began reporting income and loss from it on the Schedules C of their

joint income tax returns.

The Gallegoses argue that it was only then that Gallegos decided to make it

his business and not just his pastime. According to them, they were worried that

West Texas Brokers would not be as successful as it ultimately turned out to be.

According to Mrs. Gallegos they began contemplating another business venture in

2008, and even considered buying a Subway franchise. But neither of the

Gallegoses had restaurant experience, and team roping looked better.

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