Harold W. and Julia A. Kahla - Page 18




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          Commissioner, supra at 34.  Although a long history of losses is an         
          important criterion, it is not necessarily determinative.  See              
          Engdahl v. Commissioner, 72 T.C. at 669; Allen v. Commissioner,             
          supra.  For instance, a series of startup losses or losses                  
          sustained because of unforeseen circumstances beyond the control of         
          the taxpayer may not indicate a lack of profit motive.  See Engdahl         
          v. Commissioner, supra; sec. 1.183-2(b)(6), Income Tax Regs.                
               Petitioners were engaged in cattle raising for nearly 20               
          years, sustaining losses well past the length of time that can be           
          called the “startup” period.                                                
               Petitioners maintain that severe drought and large                     
          fluctuations in the price of cattle caused most of their losses.            
          We do not agree with this claim.  On the basis of climate and               
          meteorological data from the years in issue, it is apparent that no         
          drought existed in those years.  These losses were not unforeseen.          
          Even if it were assumed that drought or fluctuations in the market          
          price of cattle contributed to the losses, petitioner was raised on         
          a cattle ranch in that region of Texas and on the basis of his              
          personal experiences, as well as the advice he received from                
          experts, knew that the region was susceptible to drought and that           
          the price of beef often fluctuated. Petitioners failed to take              
          substantial remedial action to compensate for these conditions              
          which, petitioners apparently claim, existed for nearly 20 years.           








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