Fred B. and Georgia Elane Berry - Page 22




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            continued through 1998.4  Our conclusion would be the same whether                         
            or not we considered post-1995 events.                                                     
                  To reflect the foregoing,                                                            

                                                            Decision will be entered                   
                                                      under Rule 155.                                  























                  4  Petitioners sold one horse for $24,000 in 1996.  This                             
            appears to be an anomaly because the sales prices of all of the                            
            other horses that they sold after 1995 were similar to sales                               
            prices before 1995.  Petitioners received the notice of                                    
            deficiency in this case in 1997, and they expanded the number of                           
            higher quality broodmares in 1998.  Petitioners’ actions after                             
            1997 may have been influenced by the pendency of this case and                             
            show little or nothing about their intent in 1995.  See Taube v.                           
            Commissioner, 88 T.C. 464, 482 (1987); Lundquist v. Commissioner,                          
            T.C. Memo. 1999-83; Brockenbrough v. Commissioner, T.C. Memo.                              
            1998-454.                                                                                  





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