Louis J. Novak - Page 7




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               From 1986 through 1997, petitioner reported the following              
          income from the sale of horses on Form 4797:5                               
                                   Previously                                         
                    Gross Sales      Allowed                                          
          Year          Price       Depreciation     Cost1    Gain/Loss2              
          1986      $10,000             $3,150     ($10,500)   $2,650                 
          1986      3,000               -0-       (3,000)     -0-                     
          1988      25,000              11,000      (25,000)   11,000                 
          1988      42,000              -0-      (26,500)   15,500                    
          1989      2,500               -0-            -0-       2,500                
          1989      5,000               2,898       (3,216)    4,682                  
          1989      36,986              70,399     (118,710)  (11,325)                
          19894     15,000              42,250      (50,000)    7,250                 
          1990      1,500               6,375       (8,500)    (625)                  
          1990-1991        3,000        -0-            -0-        33,000              
          1991      3,480               6,300        (7,000)    2,780                 
          1992      54,500              1,250       (32,125)   23,625                 
          1993      15,000              11,900      (17,000)   9,900                  
          1994      2,500               -0-            -0-    2,500                   
          1997           50,000          1,275       (5,025)   46,250                 
          Total     269,466             156,797     (306,576) 119,687                 
               1Includes petitioner’s cost or other basis, plus expense of            
          sale. 2Petitioner’s gains and losses were determined by adding the          
          gross sales price and depreciation and then subtracting petitioner’s        
          cost or other basis and selling cost.                                       
               3The sale was reported on the installment method.  Accordingly,        
          $800 was recognized in 1990 and $2,200 was recognized in 1991.              
               4The horses that petitioner sold after 1989 were bred by him.          
               For 1992, $29,625 of the $32,125 in cost reported by                   
          petitioner is commission paid on the sale of three horses.  Mr.             
          Dahart was paid $22,500 in commission on those three sales.                 




               5For the years in issue, petitioner reported the sale of               
          horses on part I of Form 4797, Gains and Losses From Sales or               
          Exchanges of Assets in a Trade or Business and Involuntary                  
          Conversion.  The instructions for Form 4797 for those years                 
          provide the following:  Sec. 1231 transactions include “Sales or            
          exchanges of cattle and horses, regardless of age, used in a                
          trade or business by the taxpayer for draft, breeding, dairy, or            
          sporting purposes and held for 24 months or more from acquisition           
          date.”                                                                      


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