Leonard O. Scales - Page 8

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                    A:  I can't answer that, but the expenses could                   
               fall to a certain point.  Depends on -- you know, it                   
               depends on what breaks down, or --                                     
                         THE COURT:  Or they could go up.                             
                         THE WITNESS:  Or it could go up.  Way                        
                    up.  I can't make a statement saying they                         
                    will fall, or that they will go up.  I can't                      
                    say that.                                                         

               In determining a taxpayer's profit motive, it is not crucial           
          that the expectation of profit be a reasonable one; it is enough            
          that the taxpayer has a bona fide expectation of realizing a                
          profit.  However, a record of continued losses over a series of             
          years, or the unlikelihood of achieving a profitable operation,             
          may be an important factor bearing on the taxpayer's true                   
          intentions.  Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965),            
          affd. 379 F.2d 252 (2d. Cir. 1967).  We note that it has been               
          recognized that:                                                            
               If losses, or even repeated losses, were the only                      
               criterion by which farming is to be judged a business,                 
               then a large proportion of the farmers of the country                  
               would be outside the pale.  It is the expectation of                   
               gain, and not gain itself which is one of the factors                  
               which enter into the determination of the question.                    
               * * * [Riker v. Commissioner, 6 B.T.A. 890, 893                        
               (1927).]                                                               

          Nevertheless, even in the case of farmers or ranchers, it is to             
          be borne in mind that the goal must be to realize a profit on               
          one's entire operation.  This presupposes not only future net               
          earnings, but also sufficient net earnings to recoup losses which           







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