Lee W. Yates and Wendy S. Yates - Page 12

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          Stubblefield v. Commissioner, T.C. Memo. 1988-480; Ruben v.                 
          Commissioner, T.C. Memo. 1986-260, affd. without published                  
          opinion 852 F.2d 1290 (9th Cir. 1988).  Petitioners purchased and           
          held the property as a personal residence for 3 years before                
          converting it into a ranch.  Silk Oak still serves as                       
          petitioners' residence, and the valuation in question, stipulated           
          by the parties, used a market comparison approach to real estate            
          valuation.  The properties used by the appraiser in comparison to           
          petitioners' property were residential properties, rather than              
          ranches.  The appreciation of the real estate in question,                  
          therefore, is based upon its use as a residence, rather than as a           
          horse ranch.  Ruben v. Commissioner, supra.  Consequently, we               
          will not consider the real estate as an appreciated "asset" held            
          by petitioners to offset Silk Oak's losses.  Id.                            
               Petitioners also argue that they had hoped that appreciation           
          in the value of their horses would yield a profit in the future.            
          Petitioners' losses from the operation of Silk Oak total                    
          $145,510.  At the time of trial, petitioners owned eight horses             
          and had never generated more than $2,500 in profit from the sale            
          of any one horse.  Even if their entire stock of horses were                
          liquidated at fair market value, the maximum profit generated               
          would be $42,000.  It is, therefore, unlikely that petitioners              
          will generate any profits from the sale of their horses in the              
          near future that would recoup more than a fraction of the past              
          losses.  This factor favors respondent.                                     




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