James C. and Vivian C. Dodge - Page 16

                                       - 16 -                                         

          the period customarily required to make an activity profitable,             
          if not explainable, may indicate that the activity is not engaged           
          in for profit.  Id.                                                         
               Petitioners began their horse farm in 1983.  From 1983 to              
          1995, petitioners reported total losses of $622,301.  During that           
          same period, petitioners reported gross receipts of $48,055.  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 horse farm.  Burger v. Commissioner,             
          supra at 360; Ballich v. Commissioner, supra.                               
               Petitioners assert that the reported losses were typical for           
          the startup stage of a horse farm.  The years at issue were                 
          petitioners' 9th, 10th, and 11th years in the horse activity.               
          Although this Court has recognized that the startup phase of a              
          horse-breeding activity is 5 to 10 years, Engdahl v. Commissioner           
          72 T.C. at 669, the record reveals that the massive losses were             
          not the result of startup expenses of a horse-breeding                      
          enterprise.  Rather, the losses, in large part, were the result             
          of petitioners' selling only two foals during a period of 12                
          years.  Additionally, we note that petitioners' subsequent years'           
          losses (1994 and 1995, the 12th and 13th years) confirm the                 
          earlier pattern.  We therefore find petitioners' argument that              
          the losses were the result of startup expenses to be without                
          merit.                                                                      





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

Last modified: May 25, 2011