- 15 - 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 findPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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