- 25 - but petitioner had engaged in other successful activities. Respondent concedes that this factor favors petitioners. 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, 72 T.C. at 427; sec. 1.183-2(b)(6), Income Tax Regs. A taxpayer may have a profit objective even when the activity has a history of losses, see Bessenyey v. Commissioner, 45 T.C. at 274, because losses during the initial stage of an activity do not necessarily indicate that the activity was not conducted for profit, see Engdahl v. Commissioner, 72 T.C. at 669; sec. 1.183-2(b)(6), Income Tax Regs. We have said that the startup phase of a horse-breeding activity may be 5 to 10 years for standardbred horses. See Engdahl v. Commissioner, supra; Burrow v. Commissioner, T.C. Memo. 1990-621; Starr v. Commissioner, T.C. Memo. 1969-35. A period of 5 to 10 years for the startup phase of an Arabian-breeding operation is not unreasonable. See Phillips v. Commissioner, T.C. Memo. 1997-128 (losses incurred in years 7 through 9 from the taxpayers’ Arabian horse activity were incurred in the startup phase of the activity and were due in part to unforeseen circumstances; losses did not indicate that the activity was not engaged in for profit). In the instant case, the years at issue are years 5 through 7 of petitioners’ activity. Because petitioners’ losses were duringPage: 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