Richard J. and Melodie D. McKeever - Page 39




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            operation was closed because the shopping mall in which the                                
            operation was located was displaced by a new freeway and because                           
            Mr. McKeever began suffering health impacts from the refinishing                           
            chemicals.  The record as a whole does not support petitioners’                            
            contention that these ventures were closed because of their poor                           
            operating results.                                                                         
                  In making our decision regarding petitioners’ intent, we                             
            must give greater weight to the objective facts than to any mere                           
            statement of intent.  See sec. 1.183-2(a), Income Tax Regs.  The                           
            objective facts gleaned from petitioners’ mixed results in their                           
            entrepreneurial ventures do not indicate a profit motive.                                  
                  This factor, on balance, favors respondent’s position.                               
                  6.  Petitioners’ History of Income or Loss                                           
                  A taxpayer’s history of income, losses, and occasional                               
            profits with respect to any activity may indicate the presence or                          
            absence of a profit objective.  See Golanty v. Commissioner, 72                            
            T.C. at 426; sec. 1.183-2(b)(6), Income Tax Regs.  A horse racing                          
            and breeding activity may be engaged in for profit despite                                 
            consistent losses during the initial startup phase.  See Golanty                           
            v. Commissioner, supra at 427.  We previously have found that the                          
            startup phase for an activity involving horses may be between 5                            
            and 10 years.  See Engdahl v. Commissioner, 72 T.C. at 669;                                
            Phillips v. Commissioner, T.C. Memo. 1997-128.  Losses sustained                           
            beyond the period normally required to generate profits may                                






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