Ralph E. Wesinger, Jr. and Catherine R. Wesinger - Page 20




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               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 the             






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