Lee W. Yates and Wendy S. Yates - Page 14

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               achieve a later profitable level of operation, bearing                 
               in mind, however, that the goal must be to realize a                   
               profit on the entire operation, which presupposes not                  
               only future net earnings but also sufficient net                       
               earnings to recoup the losses which have meanwhile been                
               sustained in the intervening years."                                   
               In this instance, petitioners sustained substantial losses             
          from their horse-breeding activities for 7 years from 1988 to               
          1994.  The aggregate net losses over the course of these years              
          was $145,510.  Losses grew steadily over the first 6 years of               
          operation.  Petitioners' operating expenses in each of the years            
          in issue exceeded $21,000, while they have never realized a                 
          profit greater than $2,500 on the sale of any one horse.  It is,            
          therefore, unlikely that petitioners will generate sufficient               
          profits from the activity to make up for past losses.  Despite              
          petitioners' sincere devotion to the operation of Silk Oak, we              
          find this to be highly probative evidence that petitioners do not           
          expect their horse-breeding activity to become profitable.  See             
          id.  This factor favors respondent.                                         
               7. The Amount of Occasional Profits, If Any, Which Are                 
                    Earned                                                            
               The amount of profits generated in relation to the amount of           
          losses incurred, and in relation to the taxpayer's investment and           
          the value of the assets used in the activity, may suggest the               
          taxpayer's intent.  Sec. 1.183-2(b)(7), Income Tax Regs.  From              
          1988 to 1994, petitioners generated a net gain of $6,350 from the           
          sale of four horses and two goats and $400 from the use of their            
          land for grazing.  Petitioners' sporadic revenues from the                  




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