James L. Sullivan and Dorothy B. Sullivan - Page 33

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          substantial, falls far short of the accumulated losses of their             
          horse-related activities.  Their cumulative losses during the               
          period 1989-95, the years in which Colonel Rey Lew has been old             
          enough to compete, total $279,270.  With losses averaging $40,000           
          annually over the last 7 years, we are not persuaded that                   
          petitioners have a realistic prospect of recouping their losses             
          in the future or, based on this record, much prospect of even               
          stemming annual losses.                                                     
               Petitioners appear to argue that their 23 years of losses              
          can be attributed to a startup period in the 1970's, a period of            
          mishaps in the 1980's involving Docs Fancy Feat, and the                    
          resumption of a new startup period with Colonel Rey Lew                     
          commencing in the late 1980's which will eventually produce                 
          profits.  By this logic, if Colonel Rey Lew were injured,                   
          petitioners could begin anew with another horse and incur losses            
          for another decade without creating an inference that a profit              
          motive was lacking.  We do not believe that petitioners have                
          satisfactorily accounted for their history of substantial losses.           
          Losses in 23 of 26 years, that can only partially be attributed             
          to unforeseen circumstances, create a strong inference that an              
          activity was not engaged in for profit.  Golanty v. Commissioner,           
          72 T.C. at 427.  Petitioners' expressed intention to continue               
          their activities in the face of these losses reinforces the                 
          inference.  Cf. Engdahl v. Commissioner, 72 T.C. at 669                     





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