James C. Vallette and Arleen R. Vallette - Page 10

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          weighs toward a profit objective.  This factor favors neither               
          party.  We consider it neutral.                                             
               4.  Expectation that the assets will appreciate in value               
               We consider the expectation that assets used in petitioners’           
          activity may appreciate in value.  See sec. 1.183-2(b)(4), Income           
          Tax Regs.  The term "profit" includes the appreciation in the               
          value of assets used in an activity.  Id.                                   
               Petitioners have not established that they expected their              
          activity’s assets to increase in value.  Indeed, the value of               
          petitioners’ cattle decreased after the years in issue.                     
               This factor supports respondent's determination.                       
               5.  Taxpayer's success on similar or dissimilar activities             
               We consider petitioners’ success on similar or dissimilar              
          activities.  See sec. 1.183-2(b)(5), Income Tax Regs.  Although             
          an activity is unprofitable, the fact that a taxpayer previously            
          converted similar activities from unprofitable to profitable                
          enterprises may show a profit intent with respect thereto.  Id.             
               Petitioners have not established that they experienced any             
          success in a similar or dissimilar activity.  This factor                   
          supports respondent's determination.                                        
               6.  An activity's history of income and/or losses                      
               We consider petitioners’ history of income and/or losses               
          with respect to their activity.  See sec. 1.183-2(b)(6),                    
          Income Tax Regs.  Losses continuing beyond the period customarily           
          required to make an activity profitable, if not explainable,                




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