James L. Sullivan and Dorothy B. Sullivan - Page 24

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          assets exceeds the operating losses.  Id.  The appreciation in              
          value must be sufficient, however, to recoup the accumulated                
          losses of prior years.  Golanty v. Commissioner, supra at 427-              
          428; Bessenyey v. Commissioner, 45 T.C. at 274; Dodge v.                    
          Commissioner, supra; Taras v. Commissioner, T.C. Memo. 1997-553.            
               Petitioners incurred operating losses in 23 of the 26 years            
          in which they have been engaged in their horse-related                      
          activities.  For 16 of the loss years, the amount of the loss is            
          not available.  For the remaining 7 loss years, which are the               
          most recent 7 years through 1995, accumulated losses total                  
          $279,270.  Even accepting arguendo petitioners' own estimates of            
          the value of their horses in 1996, such estimates are in a range            
          of $170,000 to $222,500.  Thus the appreciated value of                     
          petitioners' horses, by their own estimate, does not recoup the             
          losses of the last 7 years, let alone the accumulated losses of             
          the other 16 loss years.  Nor do we think there is reason to                
          believe that future appreciation will recoup petitioners' losses.           
          Petitioners estimated that Colonel Rey Lew, their current prize             
          stallion, was worth $100,000 to $150,000 in 1996, and they                  
          offered speculation that he had tremendous potential yet to be              
          realized.  We are not persuaded by such speculation.  The horse             
          has been old enough to compete since 1989 and has achieved                  
          significant success in both professional and nonprofessional                
          competition since that time.  As distinguished from the situation           





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