James L. Sullivan and Dorothy B. Sullivan - Page 27

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          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...)           




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