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6650 Holly Drive West Olive, MI 49460-9731 The FQHR Journal Foundation Quarter Horse JOURNAL April—June 2014 - Published Quarterly In this issue… Affiliate Listing Letter from the Home Office 2014 Approved Judges Listing “The greatest cowhorse to ever look through a bridle” 2014 Show & Event Calendar Affiliate Updates World RoundUp & Review Information Legal Advice: “Tax Treatment of Casualty Losses ” Legal Advice: “New Tax Court Case Discusses Passive Loss Issue ” Member FAQ Classifieds 2014 Rule Book Updates FQHR Membership Application FQHR Amateur Card Application Celebrating 20 years! 1994 — 2014 2 Foundation Quarter Horse Affiliate Listing Kansas Affiliate www.kfqhra.com Visit us on Facebook! Nancy Owens, President (620) 598-2287 diamondcowgirl5702@yahoo.com Nebraska Affiliate www.neafqhr.net Visit us on Facebook! Tom Keenan, President (402) 723-5965 tk94341@mainstaycomm.net Michigan Affiliate www.michigan-fqhr.com Visit us on Facebook! Chad Paul, President (517) 677-9661 kcpaul@dmcibb.net Oklahoma Affiliate www.okfqhr.com Marilyn Duncan, President (405) 392-2081 EMAIL Missouri Affiliate www.mofqhr.com Visit us on Facebook! Reevea Nickerson, President Nickerson.reevea@gmail.com Wisconsin Affiliate www.wifqha.org Visit us on Facebook! Mike McGowan, President (715) 284-9112 mcgowan@centurytel.net Texas Affiliate www.txfqhc.com Visit us on Facebook! Sam Hendrickson (254) 760-0086 shendricks@clearwire.net The Foundation Quarter Horse Registry PO Box 165 Vicksburg, MI 49097-0165 Phone: (269) 649-1106 Fax: (269) 649-1560 Web: www.fqhr.net Email: fqhr@gtoast.net Published Bi-Monthly as an online publication only January - March April - June July - September October - December Advertising Rates $90 full page $75 3/4 page $50 1/2 page $25 1/4 page $250 full page for one year We love to hear from our members! If you have something you’d like added, a question answered, or a memory or story you’d like to share, let us know! Email The Journal @ TheFQHRJournal@gmail.com Deadlines for submission: The Journal is the Official Publication of the Foundation Quarter Horse Registry May 15th for June Edition August 15th for September Edition November 15th for December Edition A Letter from Home Office... Good day to all our FQHR family, The 2014 World Round Up and Review will be held September 5-7 at the Lancaster Event Center in Lincoln, NE. (same place as last year) The WR&R committee is looking for class sponsors, please see pages 22-25 for more info. Remember, you do not have to qualify to show at the World RoundUp & Review. We expect that the 2014 event will surpass last year’s event. For all of the breeders out there; please remember that we have a Breeder’s Showcase on the website. We encourage our breeders to send a business card type ad to place in this section. Phone numbers, emails, links and presentations in video format (YouTube, Powerpoint, etc) are all welcomed and will be linked to or hosted for our breeders. This is a FREE service to our members! We will spotlight a breeder for a month or so as well. This has been available for 3 years and very few members have taken advantage of this service. The Journal will also spotlight a specific breeder each issue! However, I need the members to send the info to the office. I currently don’t have the staff to go out and create these. The Journal is for members and affiliates and very much welcomes content submitted as well. Stories, pictures, event fliers, notes, etc. There is no staff for The Journal to go out and find content so send it on in! I would also like to remind each and every exhibitor that abuse and unsportsmanlike conduct will NOT be tolerated, whether it is to another exhibitor or to a horse. In the FQHR Rule Book, 9th Edition, Article II, paragraph 8: “Any member who consistently exhibits, by word or action, which is detrimental to the image or effectiveness of the FQHR, its members, or its officers may have their membership along with all rights of membership revoked”. Another concern brought to my attention was the number of dogs at the affiliate events. Just recently, an unattended dog tied to a vehicle that was parked by a horse trailer lunged out at a returning horse and youth rider. Fortunately there were no injuries to dog, horse or rider. The owners of this particular dog stated “it has never done anything like this before”. It was a shock to them that it had happened. If you are bringing your dog to shows (and we bring ours to the Michigan shows), please be sure that they are properly contained when not with you and always on a leash otherwise. We all need to be vigilant if we are bringing our dogs with us. Happy trails to all and may you enjoy your ride on “the Greatest Cow Horse to Look Thru a Bridle”. Respectfully, Vicki Austin Foundation Quarter Horse Registry 4 FQHR Approved Judges Approved judges for the 2014 Show Season, listed in alphabetical order Judges Committee Eddie Smith 28 Westfield Rd Fletcher, NC 28732 (828) 687-1786 Smith.judge5@yahoo.com Robert J. Walton 5861 E Rosebush RD Rosebush, MI 48878 Deb Adams 2505 N. Hwy 14 Marquette, NE 68854 (402) 410-1112 dadams@mainstaycomm.net Rebecca Frerking 1952 15th Rd Washington, KS 66968 cell: (785) 632-0721 (785) 325-2113 T.L. Meyer 5506 S Snyder Dr North Platte, NE 69101 (308) 520-1129 plainbaymare@gmail.com John Aipperspach 1627 S Plaza Springfield, MO 65804 (417) 886-1069 Sam Goddard 2955 Avenue D Brookville, KS 67425 (785) 225-6842 Gary Nickerson 20390 30th Ave Stockton, Iowa 52769 Cell: (563) 370-5238 Home: (563) 284-5031 Vicki Austin 5521 East W Vicksburg, MI 49097 (269) 649-1545 Don Griffin P.O. Box 351 Axtell, TX 76624 (254) 366-6096 griffish@msn.com Quentin Combs 255 NE Hwy 50 Warrensburg, Missouri 64093 Home: 660-747-0337 Cell: 660-238-2939 qcombs@embarqmail.com Karen (Hill) Coyle PO Box 626 Wheatland, OK 73097 Home: (405) 590-4264 Work: (405) 745-3036 Rick Dubay 5093 State Rd Fort Gratiot, MI 48059 (810) 824-6513 Carole E. Dunbar 2909 N. Sheridan Rpad Chicago, IL 60657 (773) 281-3585 dunbarcarole@hotmail.com Debra A. Hamilton 1365 Spencer Road Joliet, IL 60433 Home: (815) 723-7114 Cell: (815) 735-8563 dhamilton50@juno.com Laurie Jumper 20905 N. Walbaum Rd Geary, OK 73040 (405) 884-2139 lauriedzj@aol.com Larry Kasten W8342 830th Avenue River Falls, WI 54022 Home: (715) 425-2737 Cell: (715) 441-9549 lhdgkasten@gmail.com Louie C Lawson 4172 Enoch Rd Aynor, SC 29511 (843) 602-1460 Reevea Nickerson 27897 Lamms Ln Sedalia, MO 65301 (563) 260-5669 Ernest Sheltry 597 S. Hwy 81 Ninnekah, OK 73067 (405) 274-5464 roseridgeranch@aol.com Brandon Smith RT 1 BOX 20 Colony, OK 73021 Home: (405) 929-7320 Cell: (405) 542-7228 Bob Soltis 14243 Biles Rd. Madill, OK 73446 (903) 815-0899 himead@aol.com Tinker Turner 1697 French Prairie Rd Boonville, AR 72927l (479) 518-6522 Dr. Gary Webb 4519 W Farm Rd 33 Ash Grove, MO 65604 (417) 459-8741 Amye K. (Lithenthal) Webster 9031 Lawrence 1170 Mt. Vernon, MO 65712 (308) 380-2244 EMAIL Wayne W. Whitehead 1227 Keefer Rd Mansfield, OH 44903 Home: (419) 524-6535 Cell: (419) 566-4167 grulla1@netscape.net Calendar of 2014 Affiliate Events & Shows Please refer to the Affiliate Listing on page 2 for contact information for each event 2014 Dates Kansas (KFQHRA) Year-End Banquet January 25 Wichita, KS >Spears Restaurant & Pie Shop @ 6pm, $11 per member, RSVP to Rebecca Frerking Nebraska (NEAFQHR) Year-End Banquet February 9 Aurora, NE >Bremer Center @ 11:30am, Potluck Style Oklahoma (OKFQHR) Year-End Banquet February 22 Shawnee, OK >Shawnee Expo Center, Youth meeting @ 5pm, Banquet @ 6pm, Awards @ 7pm FQHR-MI @ Mi Horse Council Expo @ MSU (Booth #T22) March 7-9 Lansing, MI FQHR-MI Green As Grass Clinic @ Schon Tier Ranch April 26 >Event poster available online; 10am start, $75 for the day including cattle. MOFQHR Eddie Bottom Cutting Clinic April 26 & 27 >Eddie Bottom Sr & Eddie Bottom Jr, @ MO State Fairgrounds. See page 17. Nebraska Show @ Lazy K Arena April 26-27 Oklahoma Show @ Heart of Oklahoma Expo Center April 26-27 Dutton, MI Sedalia, MO Grand Island, NE Shawnee, OK FQHR-MI Show @ Isabella County Fairgrounds MOFQHR Show @ MO State Fairgrounds/Coliseum Kansas Show @ Salina Bicentennial Center Nebraska Show @ Lazy K Arena Oklahoma Show @ Heart of Oklahoma Expo Center May 17-18 May 17 May 24 May 31-June 1 May 31-June 1 Mt Pleasant, MI Sedalia, MO Salina, KS Grand Island, NE Shawnee, OK Wisconsin Show @ Jackson County Fair Park FQHR-MI Show @ Isabella County Fairgrounds Kansas Show @ Kingman County Activity Center Nebraska Show @ Lazy K Arena June 7-8 June 14-15 June 21 June 28-29 Black River Falls, WI Mt Pleasant, MI Kingman, KS Grand Island, NE Wisconsin Show @ Jackson County Fair Park FQHR-MI Show @ Isabella County Fairgrounds Texas Show @ TBA FQHR-MI Youth Show @ Tri C/V Performance Horses Nebraska Show @ Lazy K Arena July 5-6 July 12-13 July 12 July 26 July 26-27 Black River Falls, WI Mt Pleasant, MI Belton, TX Imlay City, MI Grand Island, NE (...continued on page 7) 6 Calendar of 2014 Affiliate Events & Shows, continued Please refer to the Affiliate Listing on page 2 for contact information for each event Wisconsin Show @ Jackson County Fair Park FQHR-MI Show @ Isabella County Fairgrounds Nebraska State Fair @ Fonner Park Oklahoma Show @ Heart of Oklahoma Expo Center August 9-10 August 16-17 August 22-23 August 30-31 Black River Falls, WI Mt Pleasant, MI Grand Island, NE Shawnee, OK World Round-Up & Review @ Lancaster Event Center Kansas Show @ Kingman County Activity Center FQHR-MI Breeder’s Classic Show @ Isabella Cty Fairgr. Wisconsin Show @ Jackson County Fair Park MOFQHR Show @ MO State Fairgrounds/Coliseum September 5-7 September 20 September 20-21 September 20-21 September 27 Lincoln, NE Kingman, KS Mt Pleasant, MI Black River Falls, WI Sedalia, MO Oklahoma Show @ Heart of Oklahoma Expo Center Kansas Show @ Salina Bicentennial Center October 10-12 October 18-19 Shawnee, OK Salina, KS FQHR-MI Year End Awards Banquet December 7 Hartland, MI >Waldenwoods Banquet Center, 11:30 arrival, Noon Lunch. More details coming in September! FQHR Advisory Board Bill & Vicki Austin 5521 East W Vicksburg, MI 49097 (269) 649-1106 Dr. Gary Webb 4519 W Farm Rd 33 Ash Grove, MO 65604 (417) 459-8741 Bud Sherman 5696 S 95th Rd Walnut Grove, MO 65770 (417) 770-7701 Richard Heinrichs 1339 Rd 6900 Hebron, NB 68370 (402) 768-7135 Sam Goddard 2955 AVE D Brookville KS 67425 (785) 225-6842 Sam Nicolosi 3800 N E 50th St Oklahoma City, OK 73121 (405) 820-8410 Judges Commissioners Robert J. Walton 5861 E Rosebush Rd Rosebush, MI 48878 (989) 433-2925 Eddie Smith 28 Westfield Rd Fletcher, NC 28732 (828) 687-1786 Smith.judge5@yahoo.com Kansas Foundation Quarter Horse Registry Affiliate 2013 Board of Directors President Rebecca Frekering Vice President Robert Deonier Secretary --vacant-- Treasurer Gil Demieville lockfun4@netscape.net FQHR National Representative —vacant— Parliamentarian —vacant— Public Relations Coordinator Teresa Chrisler Historian —vacant— Membership Coordinator Michelle Lasiter blisteringwinds@gmail.com Area 3 Representative N of I-70 & W of HWY 81 Position Pending Area 2 Representative N of I-70 & E of 135 Position Pending Area 4 Representative S of I-70 & W of 135 Linda Frazier Area 1 Representative S of I-70 & E of 135 Position Pending 8 2014 Officers & Directors President Chad Paul Directors kcpaul@dmcibb.net Jeff Ludwig jeffludwigph@aol.com Vice President Susan Walton susanwalton121@yahoo.com Erica Walton ericapeyton@yahoo.com Secretary Kelly Hoekstra Kelly.Hoekstra22@gmail.com Treasurer Julie Ludwig jeffludwigph@aol.com Youth Leader Jessie Paul jp_equestrian@hotmail.com Clair Sootsman scooter49097@yahoo.com Brian Wilson wtrucking10@yahoo.com Harvey Heyer mheyer10@gmail.com Jason Hollingsworth JHQTRHorses@gmail.com This is YOUR club. As board members, we’re here to serve YOU. It’s our goal to continually improve our club, it’s operation and our shows and clinics. We encourage members to talk with the club officers and directors if you have questions, suggestions, ideas, comments or critique. Missouri Affiliate 2014 Board of Directors President Vice President Reevea Nickerson Nickerson.Reevea@gmail.com Gary Nickerson Nicbuckskinhorse@aol.com Secretary Treasurer Patty Littell Lana Brooks (636) 448-3070 BROKENROADRANCH73@gmail.com Directors National Representative Konnie Brooks (573) 687-3832 Pete Melby melbyperfhorses@yahoo.com Youth Director Stacy early pokyjoe425@gmail.com Chris Sells selz@ktis.net Taylor Cobb cowboyboogie9304@aol.com Greg Lawson backfence82@yahoo.com 10 Missouri Affiliate We can't thank our sponsors enough for their support. Please show our 2014 sponsors how much they're appreciated by visiting them and giving them your business. 12 President 2014 Officers Vice President Marilyn Duncan Brandon Smith Secretary Treasurer Robbie McCommas Tammy Huffstutlar Board Members Youth Advisor Rick Huffstutlar Jeff McCommas Janet Fanning Jess Parker Jack Leitner Kim Santmyer 2014 Show Committee Ribbons Manager Lisa Thomas Banner Manager Grady Dougless Equipment/Obstacles Lisa Anderson Stall Coordinator Sponsor Coordinator Cattle Coordinator Stallion Stakes Chairperson Lisa Anderson Rick Huffstutlar Banquet Coordinator Kelli Thedford Mary Rice Dennis Jenkins Youth Advisor Mellanie Muzingo Show Manager Kent Thedford Show Secretary Stephanie Bowen 14 Nebraska Affiliate of the Foundation Quarter Horse Registry 2013 Area Representatives If anyone has questions regarding membership, horse eligibility or wanting to show, please give your regional representatives a call! We are here to help! SOUTH-EAST Laurie Cawley Laurie.cawley@windstream.net (402) 946-2090 SOUTH-WEST (Also Member At Large) Todd Heinrichs kheinrichs@gpcom.net (402) 324-5135 NORTH-WEST Clarissa Feldman horsesrulecowsdrool@hotmail.com (308) 367-6326 NORTH-EAST Terri Rose theroseranch1994@gmail.com (402) 440-2576 16 Nebraska Affiliate of the Foundation Quarter Horse Registry 2013 Officers & Representatives President - Tom Keenan tk94341@mainstaycomm.net Tom has been a NEAFQHR member for 14 years and served as President for 9 years. Tom offers a wide variety of horsemanship skills to the group. Vice President - Dick Heinrichs rhtcrd@alltel.net Secretary - Lacey Jacobi JQTRHRS@live.com Treasurer & Membership Coordinator - Inga Yendra yendra@nctc.net State Representative - Vaughn Hinrichs (402) 353-4585 vhinrichs@diodecom.net Affiliate Representative - Tim Cox timc@cfslinc..com The Wrangler & Website Editor - Team of Inga Yendra & Megan Leaming Inga: yendra@nctc.net Megan: mml2009@hotmail.com Director of Advertising & Promotions - Mary Kahn jenghis@aol.com Texas Affiliate 2013 Officers Pr esident Matt Levis (409) 502-0416 Vice Pr esident Sam Henricks EMAIL Secr etary Melinda Bahr 409-771-5723 EMAIL Tr easur er Carrie Fitch 713-249-8100 18 20 IT’S COMING! MARK YOUR CALENDARS! (and get there!) September 5-7, 2014 Lancaster Event Center Lincoln, NE 22 ENTRIES ARE DUE BY AUGUST 25!! Entry Forms can be found here and full instructions can be found here Get ‘em to your show secretary: Lacy Jacobi 25079 415th Ave Monroe, NE 68647 LODGING INFO: Staybridge Suites is the exclusive 2014 FQHR WR&R lodging partner! 1501 N. 86th St., Lincoln 402-484-6000 800-225-1237 They have blocked off rooms that will be held at special rates prior to the event. Please keep in mind that this will again prove to be a busy weekend in Lincoln, as it is home to Nebraska Football and there are big games that will happen the same weekend as WRR this year. Reservations should be made early! When making reservationsl, please request FQHR Roundup block rate for the rates listed below. Rates are good until August 7. 1 Queen - $119 w/sofa sleeper 24 2 Queens - $139 w/sofa sleeper Sponsorships The World Round-Up & Review is the national level show for the Foundation Quarter Horse Registry. It will be held in centrally located Lincoln, NE September 5-7, 2014. The World R&R is growing in entry numbers and exhibitors due to the intense interest in the rejuvenated FQHR. The headquarters was moved from Sterling, Colorado to Vicksburg, Michigan in December 2010. The first Round-Up & Review was held in 1995 with 70 horses entered. The 2011 World R&R entries were 454. Membership has grown to 12,250 with members in all fifty states as well as five foreign countries. Currently there are 26,216 horses registered in Foundation Quarter Horse Registry. Our numbers almost doubled from 2012 to 2013 because the World R&R Committee has been able to expand the awards, offer a more varied class list and a second show arena. In addition to standard classes such as cutting, working cow horse, roping, pleasure and conformation, there are new classes; such as in-hand trail, limited cow horse, limited ranch horse and 3-5 classes for younger horses. Our show participants range in age from eight to eighty. There is a Pasture Prime award for exhibitors 62 and over and also an In The Lead award for high point conformation/in hand trail. Exhibitors haul horses in from all states with affiliates and the exposure for businesses is widening every year. Families, individuals, businessmen to cowboys travel from all over the United States to participate in friendly competition. The Foundation Quarter Horse Registry boasts “the greatest cow horse to ever look through a bridle”, the American Quarter Horse. The annual World Round-Up & Review is like no other; offering a full three day weekend of horsemanship, sportsmanship, cowboy and family fun for men, women and children of all ages. Anticipating continued growth we look forward to renewing our relationships with past sponsors, and fostering new sponsor relationships for 2014. FQHR sponsors are individuals and businesses that not only understand exhibition of Foundation bred horses, but support wholesome family recreation. The 2014 World Round-Up & Review is pleased to offer sponsorship packages for everyone. Our events offer sponsors exposure to a wide base target market and provide excellent recognition opportunity. Recognizing the present economic condition you can be assured that your investment as a sponsor is valued and merits superior benefits. The program is a beautiful 5x8 color booklet. I invite your company to participate in one of our sponsorships to tap the sales and marketing power of our events by becoming an official sponsor. In addition to promoting Foundation bred Quarter Horses, your support will provide continued development of the organization and our youth. Please read the enclosed information and visit our website at www.fqhr.net to learn more. We ask that you consider supporting the FQHR World Round-Up & Review through show class sponsorships and advertising in the show program. Questions? Please do not hesitate to ask 989 433 2925 or susiewalton121@yahoo.com. Respectfully, The FQHR World Round-Up & Review Committee Deb Adams Dr. Gary Webb Sam & Jolene Goddard Brandon Smith Class Sponsor $300 -Full page color ad in the R&R program -Your Banner hung in show arena all three days -Announcements all three days during the show -Listing on Sponsor page in the show program -Active link to your business on the FQHR website Class Sponsor $200 -One quarter page color ad in the R&R program -Your banner hung in the show arena all three days -Announcements all three days during the show -Listing on Sponsor page in the show program -Active link to your business on the FQHR website Class Sponsor $100 -Announcements all three days during the show -Listing on sponsor page in the show program -Listing on the FQHR website Round-Up & Review Sponsor page Class Sponsor $250 -Half page color ad in the R&R program -Your banner hung in the show arena all three days -Announcements all three days during the show -Listing on Sponsor page in the show program Class Sponsor $150 -Business Card size color ad in the R&R program -Announcements all three days during the show -Listing on Sponsor page in the show program -Active link to your business on the FQHR website Please indicate your level of sponsorship when sending your form and remittance to: FQHR R&R Committee c/o Susie Walton 5861 E. Rosebush Rd. Rosebush, MI 48878 Legal Advice & Tips for the Equine Industry “Tax Treatment of Casualty Losses” Article Courtesy of John Alan Cohan Last fall, a freak early snowstorm killed thousands of livestock and horses in South Dakota. Ranchers suffered a tremendous monetary loss of prized livestock and horses. More recently in Kentucky, either horses were killed in a fire, four of which were yearlings slated for the Keeneland September Sale. Three of the four were uninsured. The financial impact of casualties is significant in that it wipes out potential sales income, and sets back breeding, racing and showing efforts, not to mention the personal trauma of the tragedy. Under Federal Tax Law, if you are engaged in a horse or livestock activity as a trade or business, a casualty loss is important to account for. Sometimes a major part of your breeding program can be interrupted by a casualty such as an aborted foal. When the IRS asks for an explanation of why there were several years of losses, sometimes the casualty issue needs to be clarified in detail. Sometimes if there are several casualties the IRS agent might get suspicious of insurance fraud, which requires further explanation. If there is no insurance, the amount claimed in the casualty might be substantial and will require proof. In other cases, the IRS agent might need to be educated as to the economics of your venture and why the loss of an aborted foal, for example, can really throw a monkey wrench into your profit plans. Another kind of setback involves illness of owners, resulting in loss of time expended in the activity due to medical treatment and recuperation. While this does not result in a casualty loss as does the death of an animal, nonetheless it impacts one’s ability to carry forward business plans and needs to be explained to the IRS if there is a history of losses. Under the Tax Code, a casualty loss deduction is available when property is damaged, destroyed or lost due to a sudden, unexpected or unusual event. IRS Form 4684 (“Casualties and Thefts”) is submitted along with other tax forms. A sudden event is one that is swift, not gradual, such as a sudden storm, a racehorse casualty, a fire flood, highway accident or other misfortune. A loss of horses or livestock in a casualty is allowed only if the animals are part of a horse or ranching business. Livestock bought for resale are deductible, for example, but casualties affecting hobby horses are not. The amount of the casualty loss depends mainly on the cost basis of the animals in question. To compute a loss, the IRS will look to your adjusted basis in the animals minus any insurance or other reimbursement you receive or expect to receive. Generally, if a single casualty involves multiple animals, you must compute your loss separately for each animal, and then combine the losses to determine your total loss for tax purposes. If you receive insurance proceeds for the loss, but incurred legal expenses to collect that insurance, the legal costs are deducted from the amount of the insurance reimbursement in calculating the amount to report. Losses of horses or livestock from disease are considered involuntary conversions. This is the case if you need to sell more than the usual number of livestock because of drought. The sale of animals above the normal volume is treated as an involuntary conversion. Involuntary conversions are reported on Form 4797 along with sales and exchanges of horses or livestock. There are complications and grey areas in determining the scope of a casualty loss or involuntary conversion, and therefore you should seek the advice of your tax professional regarding the application of these rules to insure accurate reporting on your tax return. ~John Alan Cohan John Alan Cohan is a lawyer who has served the horse, livestock and farming industries since l98l. He has clients in all 50 states. He can be reached at: (3l0) 278-0203, by e-mail at johnalancohan@aol.com, or you can see more at his website: www.JohnAlanCohan.com 26 Legal Advice & Tips for the Equine Industry “New Tax Court Case Discusses Passive Loss Issue ” Article Courtesy of John Alan Cohan The IRS will often argue that a taxpayer is not eligible to deduct losses for a horse business because it’s a “passive activity”. The Material Participation Test (sec. 469 IRS Code) defines a passive activity as a business in which the taxpayer does not “materially participate”. An important new Tax Court case on this subject is Tolin v. IRS Commissioner [T.C. Memo 2014-65], ruled in favor of the taxpayer on this issue. The taxpayer, an attorney in Minneapolis, devoted significant time to thoroughbred racing and breeding. The IRS claimed that the taxpayer’s losses from the thoroughbred business should be disallowed because they were passive activity losses. (The IRS conceded that the activity was a business, not a hobby.) The Material Participation Test requires that a taxpayer engage in the activity on a “regular, continuous and substantial basis”. The test also requires that the taxpayer actually does participate in the activity as a principal or a manager, and that he actually does exercise the powers of decision-making reposed in him. The taxpayer in this case argued that he had spent over 500 hours per year in the activity—thus satisfying one of several alternative standards to prove material participation. He sent his breeding stallion to trainers, and the horse was entered in a number of races, earning $77,638. The stallion then sustained a leg injury that prematurely ended his racing career. The taxpayer then offered the stallion, Choosing Choice, for stud service, and bred to three of his own mares. He stood the stallion on a farm in Louisiana to take advantage of that State’s breeding incentive program. As to his own foals, he sent them as yearlings to individualized training programs. The taxpayer gave credible testimony about the time he spent in managing the thoroughbred activity. He conferred daily by phone with his stallion manager, trainers, and another advisor; he called breeders who might be interested in his stallion and even made “cold calls” to members of the Louisiana Thoroughbred Breeder’s Association directory. He mailed a promotional package to interested breeders with personalized letters. He placed full page print ads in the Louisiana Horse and Louisiana Stallion Register. He made numerous trips to Louisiana during the years at issue, and met as many horse breeder and farm managers as possible while there. Administrative tasks included reviewing and paying bills, keeping the books, arranging for mortality insurance, paperwork for registration. He subscribed to and read a number of horse industry publications and attended seminars regarding equine health. He supervised the editing of a video of his stallion. The IRS disputed the time claimed by the taxpayer. Time spent on an activity may be proven by any reasonable means. It is not necessary to have contemporaneous logs, although if available, that constitutes very strong evidence. The IRS also argued that much of the time spent by the taxpayer constituted activities as “investor”, not as an entrepreneur of a going business. Under the Material Participation Test, activities as an “investor” as specifically excluded from time counted towards meeting the test. The Tax Court disagreed with the IRS on this point, saying “Petitioner was directly involved in the day-to-day management and operation of the thoroughbred activity; therefore, any investor work he completed qualifies as participation for purposes of section 469”. In proving time expended, most people usually do not have contemporaneous logs. Time may be proven using phone records, credit card invoices, and a narrative summary of the activities. Activities include phone conversations, emails, research, preparing and distributing promotional materials, business trips, registration and insurance paperwork, reviewing and paying bills, recordkeeping, continuing education and administrative tasks. Third party witness testimony (from trainers and advisors) is important to corroborate a taxpayer’s statement of time expended. ~John Alan Cohan John Alan Cohan is a lawyer who has served the horse, livestock and farming industries since l98l. He has clients in all 50 states. He can be reached at: (3l0) 278-0203, by e-mail at johnalancohan@aol.com, or you can see more at his website: www.JohnAlanCohan.com Member F.A.Q Frequently Asked Questions sent to Home Office Q: Can I leave my halter and lead on my horse, under my bridle, during Handy Ranch? A: Yes, you can leave your halter and lead on. Q: Is it illegal for me to have a light saddle on my 2-year-old during In-Hand Trail? A: It is not illegal as long as putting on a saddle is not part of the In-Hand Trail obstacles. Q: Can I use a chain in the conformation classes? A: In the conformation classes, a chain may be used UNDER the jaw if needed, but it must be used appropriately. Any abuse or using the chain to instill fear in the horse will not be tolerated and the exhibitor will be asked to leave the arena. Q:We have gelded some horses. Do we need to send in new paperwork? Is there a charge? A: The original FQHR registration certificate needs to be returned to our office so we can make appropriate changes. There is no charge for this service. Q: Our mare is experiencing episodes of Uveitis and may have to have her eye removed in the future. Will this affect her registration? Can she continue to show, even in conformation, should we have to remove her eye? A: We will not pull a registration on a horse that has to have an eye removed. Yes, you will still be able to exhibit the horse in all classes you are both comfortable competing in—even conformation. Q: What are the requirements to exhibit in the Amateur Division? A: A person is considered Amateur when he/she has not shown, judged, trained, or assisted in training a horse for emuneration, either directly or indirectly, nor received compensation for instructing another person in riding, training, or showing a horse in competition for five (5) previous years. Any approved Horse Show Judge shall not be eligible. Q: What is proper attire & tack for Foundation shows? A: Working Ranch wear is expected of the exhibitors. No blingy belts or jeans; no sequined vests, slinky tops or excessive jewelry. A western shirt with collar and long sleeves and Jeans/pants. Western boots with a heel and a Western hat or helmet. Chaps and spurs are optional. With extreme temperatures, the judge may allow for the wearing of a short-sleeved western shirt with collar, but it is rare. For tack, working tack is to be kept free of extra adornments and excessive silver. All working tack will have the usual silver/brass hardware and that is ok. Western stock-type saddle with a horn is required Again, avoid excessive silver/bling/animal prints! If you do not have removable silver plates, you can tape over them. If you wouldn’t wear it for a day’s work on a working ranch, don’t wear it in the arena. If in doubt, check with the show office before entering the arena. 28 Classifieds Promote services, sell items, trade tack….do it all here! Your ad could be HERE! TheFQHRJournal@gmail.com Classified Rates $45 for 6 months $80 for 1 year Please see page 2 for submission deadlines & dates 2014 Rule Book Changes Please feel free to print this page and add to your current rule book (continued on page 33) Two Rein Set Up The use of a two rein setup will be allowed for horses that are 5-6 year olds being trained with the Vaquero method. Horses 5 & 6 yrs old only may be shown in two rein gear, defined as: Bridle with approved curb bit, minimum 1/2 inch flat leather curb strap, and romal reins with or without chains, over an approved bosal with an appropriate mecate rein. Only one hand on reins and hand may not be changed (except to work an obstacle). Any number of fingers between reins is permitted. It is the exhibitor’s responsibility to notify the show secretary if they are using that setup and have their back tag annotated appropriately. This would be whatever the show office uses to identify the snaffle bit horses. Pattern for Limited Horse Working Cow Horse & Limited Rider Working Cow Horse (Open Amateur 3-5 for Limited Horse) The Limited Horse Working Cow Horse & Limited Rider Working Cow Horse classes will use the pattern described below. This is the ONLY pattern authorized for these Limited Classes. Two cones will be placed 60-70 feet apart and a minimum of 20 ft. from the fence. The rider shall trot into the arena, trot to first cone and start pattern. The pattern shall be done on the same side of the cones as the cow is to be released so that all turns are toward that end of the arena. Each part 1-5 of the dry work will be scored on a basis of 1-10 with 5 being considered average. The cattle portion shall be scored on a basis of 0-100 with 70 being considered average. There will be a 1 minute time limit for the cattle portion of the class. Time will start when the cow is released and the gate is closed. In the case of a tie the contestant with the highest score in the cattle portion shall place higher. The judge shall use and post official FQHR score sheets for this class. 1. Extended Trot to second cone; Stop; Back two steps; Rollback to right 2. Extended Trot back to first cone; Stop; Back two steps; Rollback to left 3. Lope to second cone; Stop; Rollback to right 4. Lope to first cone; Stop; Rollback to left 5. Lope to center; Stop, Back two steps; Pivot 90 degrees toward cattle and call for the cow to be worked. Boxing the Cow The rider shall signal for their cow to be turned into the arena. Upon entry into the arena, the cow shall be controlled on the entry end of the arena to demonstrate the horse’s ability to “hold” the cow. If the cow does not immediately challenge the horse, the rider shall aggressively move in on the cow to demonstrate his horse’s ability to drive and block the cow on the entry fence. 3-5 Division Classes There will be separate classes for the 3-5 year old program in Limited Horse Working Ranch Horse and Limited Horse Working Cow Horse. If need be show management may also offer 3-5 Open and 3-5 Amateur. 30 2014 Rule Book Changes (...continued from page 32) Working Cow Horse In the Working Cow Horse class, the dry/flat work can be INCLUDED or TAKEN OUT. The exhibitor will only work the cow (boxing, fencing, circling) if it is taken out. This is a choice that each Affiliate can make, HOWEVER, once a decision has been made for that Affiliate, then you MUST stay with that choice for the show season. Ranch Classes Riders may hold the horn during extended trots in Ranch Pleasure and Handy Ranch. Ranch Doctoring (replaces Team Doctoring) Open/Amateur/Senior Youth This class demonstrates the quiet manner of the Foundation Quarter Horse around stock, and its ability to work cattle with as little disturbance as possible. This class also displays doctoring methods of many working cowboys who rope and doctor cattle without causing undue trauma. Credit will be given for efficiency and smoothness of the run, quietness in the herd, setting the steer for the heeler, and rope work once the steer is caught. Disturbing the herd and rough handling of the cattle will be faulted. The herd should have 10-20 head of cattle, ranging in size from 200-700 lbs. It is preferred (when possible) that cattle with horns and that have been previously roped are used. They should be reasonably quiet and settled before class begins. Two herd holders will keep the herd bunched in one end of the arena they may assist the rider while he/she is making the cut but other than that no other assistance may be given. Horses are to be kept at a walk or trot and will be penalized for breaking to a lope. The exhibitor being judged (the header) shall enter the herd a rope a single animal and set it for helper to heel the animal. Once the animal is headed and heeled it shall be stretched and laid on the ground. The header (contestant being judged) shall dismount and remove the rope from the steer’s horns while the heeler keeps the rope tight. Both the header and the heeler must dally and are not allowed to tie hard and fast. There will be no limit on the number of throws but a 5 minute time limit on getting both ends of the steer roped. Legal catches are both horns, half head and around the neck. A front leg catch and figure eight are also acceptable and should not be considered a fault when scoring the horse. Legal catches for the heelers shall be around the flank or one or both hind legs but not by the tail only. The roper not being judged must make catches which are legal in order for the run to be scored. Equipment rules shall be the same as for the team roping events. In addition get down ropes attached to hackamores, snaffle bits or halters but not curb bits are allowed. All helping horses must be FQHR registered and all helpers must be FQHR members in this class. Judges should use and post the official FQHR score sheet for this class. Faults: Biting, striking, or kicking cattle 5 points per incidence Rough handling of cattle 5 points Disturbing the herd 1-5 points at the discretion of the judge Breaking to a lope 1-5 points at the discretion of the judge This class will be added to the Ranch Horse Section and points shall count in both Versatility and High Point. It will not be offered for the 3-5 age group. For more printable forms and resources, visit www.fqhr.net/forms-and-resources 32 For more printable forms and resources, visit www.fqhr.net/forms-and-resources