Fred B. and Georgia Elane Berry - Page 18




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            are enough to recoup losses sustained in prior years.  See Bessenyey                       
            v. Commissioner, supra.  Petitioners concede that they did not                             
            expect their land or any asset other than their horses to increase                         
            in value but contend that the offspring of the higher quality                              
            broodmares that they bought after 1995 are worth more than those                           
            born in prior years.  We disagree.  Petitioners offered no evidence                        
            of the value of offspring of higher quality broodmares they bought                         
            after 1995.  This factor favors respondent.                                                
                  5.    Taxpayer's Success in Other Activities                                         
                  The fact that a taxpayer previously engaged in similar                               
            activities and made them profitable may show that the taxpayer has a                       
            profit objective.  See sec. 183-2(b)(5), Income Tax Regs.  Mrs.                            
            Berry’s work as office manager at her husband’s clinic is not                              
            sufficiently similar to operating a farm and horse activity to                             
            indicate that she could do so successfully.  This factor favors                            
            respondent.                                                                                
                  6.    Taxpayer's History of Income or Losses                                         
                  A history of substantial losses may indicate that the taxpayer                       
            did not conduct the activity for profit.  See Golanty v.                                   
            Commissioner, supra at 427; sec. 1.183-2(b)(6), Income Tax Regs.  A                        
            taxpayer may have a profit objective even if the activity has a                            
            history of losses, see Bessenyey v. Commissioner, supra at 274,                            
            because losses during the initial stage of an activity do not                              
            necessarily indicate that the activity was not conducted for profit,                       






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