David E. and Cheryl G. Smith - Page 15

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          activity.  They used these losses to offset their substantial               
          income from other sources.  Petitioners reported static gross               
          receipts of $5,055, $4,650, and $4,950 for the taxable years                
          1990, 1991, and 1992, respectively.  The magnitude of the                   
          activity's losses in comparison with its revenues is an                     
          indication that petitioners did not have a profit motive with               
          respect to the dog-breeding activity.  Burger v. Commissioner,              
          809 F.2d at 360.  In fact, petitioners' reported expenses for               
          1991 and 1992 were far greater than even petitioner Mr. Smith's             
          estimates of the potential for gross revenues from dog breeding.            
               Petitioners assert that the reported losses were typical for           
          the startup stage of any profit-making activity.  The record                
          reveals, however, that the massive losses were not the result of            
          expenses associated with the startup stage of a dog-breeding                
          enterprise.  The losses during the first 3 years were not the               
          result of purchasing breeding stock, or from building a kennel.             
          Petitioners had a kennel built on their property in 1987, 2 years           
          before they became interested in the dog-breeding business.  The            
          losses during the 3 years in issue were primarily the result of             
          the cost of dog boarding and handling.  Dog boarding and handling           
          expenses are not associated with the startup stage of a dog-                
          breeding enterprise; in fact, these expenses are likely to grow             
          as the size of petitioners' dog stock grows.  We therefore find             







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