- 40 - 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.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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