- 22 - Petitioner is actively involved in examining the annual business plans for Flying H. During the years in issue, petitioner's business manager would review the financial results of the operation in detail with MacCarty, working up budgets and plans, which petitioner studied and either approved or amended. Respondent concedes that Flying H is not an over-improved property. The main ranch house was on the property when petitioner purchased it. Respondent further concedes that the facilities at Flying H are not extravagant or showy, but are rather ordinary and functional, just like any other working western ranch. Discussion As evidence of a lack of profit motive, respondent focuses on Flying H's history of losses, petitioners' use of such losses to offset other income, and the pleasure aspect of the activity. As discussed above, these factors alone do not negate a finding that petitioners engaged in their ranch activity with an intent to make a profit, especially given that the years in issue fall within the startup period of the activity. See Trafficante v. Commissioner, T.C. Memo. 1990-353 (a series of losses during the initial stages of an activity does not necessarily indicate that the activity was not engaged in for profit). The parties have stipulated that petitioners carried on their ranching activity in a businesslike manner and maintained complete and accurate records. Moreover, respondent concedesPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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