Dean L. and Cynthia D. Sanders - Page 17





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          paragraphs, we detail our analysis of the remaining factors found           
          in the regulations, which weigh in our conclusion.                          
                    3.   History of Losses                                            
               "Although no one factor is determinative of the taxpayer's             
          intention to make a profit * * * a record of substantial losses             
          over many years and the unlikelihood of achieving a profitable              
          operation are important factors bearing on the taxpayer’s true              
          intention."  Golanty v. Commissioner, 72 T.C. at 426; see also              
          sec. 1.183-2(b)(6), Income Tax Regs.  As we have detailed,                  
          petitioner incurred substantial losses in the Schedule F activity           
          for each of the 10 years that it was carried on at the Arkansas             
          ranch.                                                                      
               When a taxpayer's losses occur during the startup period of            
          an activity, the losses have been held not to indicate the                  
          absence of a profit motive.  See Engdahl v. Commissioner, 72 T.C.           
          659, 669 (1979) (unremitting losses were not an indication of               
          lack of profit motive where years in issue fell within startup              
          period of horse breeding activity).  Petitioners reported                   
          Schedule F losses in connection with the Arkansas ranch beginning           
          in 1986.  They reported losses in connection with the Schedule F            
          activity beginning in 1987 (when petitioners first claimed a                
          deduction for horse show expenses) and continuing through                   
          petitioner's move to the Texas ranch in 1996.  Petitioner had no            
          written plan for the Schedule F activity, and he has failed to              





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