Richard J. and Melodie D. McKeever - Page 40




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            indicate the lack of profit motive unless such losses occurred                             
            because of unforeseen or unfortuitous circumstances.                                       
                  Petitioners began their horse activity in 1987.  From 1987                           
            to 1997, petitioners reported losses in 11 consecutive years                               
            totaling $542,751.12  During that same period, petitioners                                 
            reported gross receipts of $56,010, all earned after the years at                          
            issue.  The magnitude of the activity’s losses in comparison with                          
            its revenues is an indication that petitioners did not have a                              
            profit motive.  See Dodge v. Commissioner, T.C. Memo. 1998-89                              
            (citing Burger v. Commissioner, 809 F.2d 355, 359 (7th Cir.                                
            1987)), affd. without published opinion 188 F.3d 507 (6th Cir.                             
            1999).                                                                                     
                  Petitioners first argue that their losses were incurred                              
            during the startup phase of the activity.  We agree that the                               
            years at issue, 1991-93, are startup years for the enterprise.                             
            As in Dodge v. Commissioner, supra, however, the massive losses                            
            are attributable more to petitioners’ inability to generate                                
            significant sales of foals than to startup expenditures.                                   
            Petitioners did not sell a horse until 1994, even though                                   
            petitioners had several horses that they knew would not win in                             
            the show ring or produce marketable foals.  Although petitioners’                          


                  12If gross income from a horse activity exceeds the                                  
            deductions attributable to the activity during 2 out of 7 taxable                          
            years, a presumption arises that the activity is engaged in for                            
            profit.  See sec. 183(d).  Because petitioners’ activity has                               
            never shown a profit, the statutory presumption does not apply.                            





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