S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 24

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            carefully reviewed monthly reports and held his managers                                  
            accountable for variances from the business plan and budget                               
                  A change of operating methods, adoption of new techniques,                          
            or abandonment of unprofitable methods is further evidence of                             
            petitioners' profit motive.  Eldridge v. Commissioner, T.C. Memo.                         
            1995-384; sec. 1.183-2(b)(1), Income Tax Regs.  Here, petitioner                          
            implemented numerous changes in operation to try to improve                               
            profitability.                                                                            
                  When petitioner acquired Flying H, he began his operation                           
            with 20 longhorn cattle.  Thereafter, he and his advisers                                 
            determined that the longhorn were not profitable and decided not                          
            to expand that aspect of the business.  Moreover, in an effort to                         
            cut losses, they put the longhorn to work as lead cattle.                                 
                  In 1987, Dr. Haaland determined that operating under rate-                          
            of-gain contracts was ruining the pastures' potential for long-                           
            term profits and recommended that petitioner take over the direct                         
            management of the ranch.  Petitioner, following Dr. Haaland's                             
            advice, cut back on grazing, which gave the pastures a chance to                          
            recover.  In the short-term, however, this meant that Flying H                            
            was not operating at its maximum cattle capacity, and therefore                           
            it was not maximizing its short-term earning potential.                                   
                  In 1993, after running a stocker operation for several                              
            years, petitioner and his advisers determined that it would be                            
            more profitable to combine the stocker operation with a calf-cow                          
            operation, so that in 1995 it ran 1,050 stockers and 265 cows.                            



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