Tax Court Rules that Horse Racing Losses Can Be Deducted

Here is one of those instances where meticulous record keeping paid off.

Income Tax—Horse Racing Activity Not Passive: The Section 469 Passive Activity Loss (PAL) rules limit losses from any trade or business in which the taxpayer does not materially participate. The Tax Court has recently held that a lawyer's losses from a side thoroughbred horse breeding and racing activity (thoroughbred activity) were not PALs and consequently were currently deductible. The lawyer presented a narrative summary (prepared using telephone records, credit card invoices, and other contemporaneous materials) at trial demonstrating for the three years at issue he had participated in the activity for more than 500 hours during each year. Stefan A. Tolin , TC Memo 2014-65 (Tax Ct.). 

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