- 19 - petitioner's control, such as the discovery that Luna Rutera could not give birth, had not occurred. See Burger v. Commissioner, 809 F.2d 355 (7th Cir. 1987), affg. T.C. Memo. 1985-523 (taxpayer did not show that activity would have been profitable if the unforeseen circumstance had not occurred). Petitioners contend that this case is like Patterson v. United States, 198 Ct. Cl. 543, 459 F.2d 487, 493 (1972), and Metcalf v. Commissioner, T.C. Memo. 1963-277 (profit motive found despite 24 years of losses). We disagree. The taxpayer in Patterson had a farm on which he initially tried to build a herd of Angus cattle. When that activity was unsuccessful, he switched to growing tobacco. Petitioner has not abandoned his horse racing and breeding activity. The taxpayers in Metcalf operated a commercial dairy. To improve milk production, the taxpayers tried to develop three different purebred breeds of cattle (Brown Swiss, Angus, and Charolais). The taxpayers abandoned this attempt when it proved to be unsuccessful. Petitioner did not abandon his unprofitable activity. This factor favors respondent. 7. Amount of Occasional Profits, if Any We should consider the amount of any occasional profits the taxpayer earned from the activity in relation to the amount of losses incurred, the amount of the taxpayer's investment, and the value of the assets used in the activity. Sec. 1.183-2(b)(7), Income Tax Regs. Petitioner did not make a profit in any yearPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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