Leonard O. Scales - Page 7

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          petitioner lacked an actual and honest objective of making a                
          profit.                                                                     
               Petitioner presented no credible evidence that he had any              
          real plan for reversing the continuous stream of net farming                
          losses he has reported over the past decade.  Petitioner has                
          never consulted an expert on the means by which he could turn a             
          profit, nor has he changed his operating methods in an effort to            
          correct what was obviously not working.  This is not surprising             
          considering that petitioner failed to keep any meaningful records           
          that would allow him to gauge the present or future profitability           
          of his activities.  Although petitioner maintained ledger sheets            
          recording his expenditures, there is no evidence that he used               
          this information in any constructive way.  The following exchange           
          at trial is particularly illuminating in this regard:                       

                    Q:  All right.  When do you think that you will                   
               buy all of the equipment that you will have to buy,                    
               have it all paid off so that you will begin to make                    
               money at the ranch?                                                    
                    A:  I also expected -- I probably -- about '95 or                 
               '96.  I owe on two more pieces of equipment, one note                  
               on each.                                                               
                  *      *       *       *       *       *       *                    
                    Q:  All right.  But after you pay off the                         
               equipment, though, won't -- certain of your expenses,                  
               they won't necessarily fall, decrease -- like, for                     
               example, the feed expense won't fall, or the supplies                  
               expense, or the truck expense.  After you pay off your                 
               equipment, won't those expenses -- they shouldn't                      
               necessarily fall.  Is that right?                                      
                  *       *       *       *       *       *       *                   





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