- 20 - Cases following Burger are replete with analogous statements. In Underwood v. Commissioner, supra, the taxpayers were “successful in business” and “experienced investors”, but “Despite this business background, * * * failed to adequately investigate” their new venture before embarking. The Court in Dodge v. Commissioner, T.C. Memo. 1998-89, likewise opined with regard to a taxpayer admittedly “expert and knowledgeable about horses”: “Significantly, petitioners did not seek professional or economic advice on the economic aspects of horse breeding.” A nearly identical emphasis is seen in Sanders v. Commissioner, supra: “While petitioner received free and paid advice from individuals he considered ‘experts’ in the cutting horse industry, the advice did not focus on the economic aspects of the activity.” Viewing the present matter in light of these judicial pronouncements, petitioner here is similarly bereft of the requisite economic expertise. He had no previous experience with the cattle-ranching business. No advice with regard to the economic side of the venture was ever sought prior to or during the years at issue. Furthermore, even attempts to gain expertise regarding the operational side of a cattle ranch were both tardy and minimal. Petitioner did not ask a cowboy for an informal opinion on whether the land had sufficient grass for cattle until June of 1993. He did not obtain a professional analysis of thePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011