Lapinel v. Commissioner

1989 T.C. Memo. 685, 58 T.C.M. 1087, 1989 Tax Ct. Memo LEXIS 685
United States Tax Court·Decided December 28, 1989·No. Docket No. 19465-86·Unpublished·Cited by 2 cases

Opinion

PAUL E. AND MARGARITA LAPINEL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Lapinel v. Commissioner
Docket No. 19465-86
United States Tax Court
T.C. Memo 1989-685; 1989 Tax Ct. Memo LEXIS 685; 58 T.C.M. (CCH) 1087; T.C.M. (RIA) 89685;
December 28, 1989

*685 Ps were engaged in a horse-breeding activity. Ps incurred losses in the activity for 21 consecutive years. Held, Ps did not engage in the activity for profit within the meaning of I.R.C. section 183(a).

B. Paul Husband and Michael R. Morris, for the petitioners.
Ellen J. Mechlin and Ronald Lewis, for the respondent.

NIMS

MEMORANDUM FINDINGS OF FACT AND OPINION

NIMS, Chief Judge: Respondent determined the following deficiency in and additions to petitioners' Federal income tax for 1981:

Additions to Tax
DeficiencySec. 6651(a)(1)Sec. 6653(a)(1)Sec. 6653(a)(2)
$ 23,118.00$ 3,672.00$ 1,867.0050% of interest
on $ 37,331.00

*687 (Unless otherwise indicated, all section references are to sections of the Internal Revenue Code in effect for 1981. All Rule references are to the Tax Court Rules of Practice and Procedure.)

After concessions, the issue for decision is whether petitioners were engaged in horse breeding for profit within the meaning of section 183(a).

FINDINGS OF FACT

Some of the facts have been stipulated and are found accordingly. The stipulation of facts and attached exhibits are incorporated herein by this reference.

Petitioners were married and filed a joint Federal income tax return for 1981. At the time of filing their petition, petitioners resided in New York, New York.

In 1962, petitioners, while living in New York City, purchased a farm, 150 miles away, in Bovina, New York. They built a stable on the farm in 1964. In 1967, petitioners decided to use the farm for breeding and raising Arabian horses.

Petitioners' initial investment in the horse-breeding activity (the activity) was as follows:

InvestmentAmount
Land$  6,000
Indrop (Stallion)1,100
Fasha (Mare)3,300
Fersal and Khalahti (Mare and Colt)2,500
Jadi Bravo (Mare)3,500
Building materials for stable2,000
Trailer1,400
Total$ 19,800

*688 Petitioners carried on the activity from 1967 to 1987. The activity generated a loss during each and every one of its 21 years in operation. The following is a breakdown of the deductions taken, income earned and losses generated from the activity and petitioners' taxable income (excluding the loss from the activity) from 1969 to 1986:

Taxable
YearDeductionsIncomeLossIncome
1969$   9,777.23-0-  $   9,777.23$ 33,038
19708,692.18$     50.008,642.1830,126
19716,474.29

Free access — add to your briefcase to read the full text and ask questions with AI

Lapinel v. Commissioner, 1989 T.C. Memo. 685, 58 T.C.M. 1087, 1989 Tax Ct. Memo LEXIS 685 (tax 1989).

1989 T.C. Memo. 685 (Lapinel v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Giles v. Comm'r
2006 T.C. Memo. 15 (U.S. Tax Court, 2006)
Jasienski v. Commissioner
1992 T.C. Memo. 674 (U.S. Tax Court, 1992)