- 27 - merely stipulated that losses were reported in those years.9 The 3 income years were 1972, 1981, and 1982, in which net income was $985, $7,336, and $11,742, respectively. For the post-1988 loss years (1989-95), the yearly loss amounts ranged from approximately $32,000 to approximately $51,000, with an average annual loss of approximately $40,000 during these years. To the extent petitioners seek to account for this extraordinary record of losses, they emphasize a series of unforeseen mishaps in the 1980's as well as what they effectively contend is a lengthy "startup" period in realizing a cutting horse's full value. Given the significance of these losses, we will carefully evaluate petitioners' explanations. From 1969 through 1980, petitioners experienced 11 years of losses and 1 year (1972) in which they realized a gain of $985. Although petitioners' testimony and argument sought primarily to account for their losses since 1982, they did experience some unforeseen adverse events in the 1970's.10 In any event, this 9 Petitioners produced return information for income, but not loss, years prior to 1989. Given their production of return information for income years going back to 1972, we believe return information for loss years prior to 1989 was also available to petitioners. They have in any event offered no explanation for its absence. Given their failure to produce return information for loss years prior to 1989, we presume such evidence would be unfavorable to petitioners if produced. Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). 10 Petitioners testified that a promising stallion they (continued...)Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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