Louis J. Novak - Page 17




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               Petitioner argues that many years before he formed Arabian             
          Crossings, he purchased a horse for $4,000 and sold it for                  
          between $20,000 and $25,000.14  Even if we accept this as true,             
          petitioner has not proven that he did in fact make a profit on              
          the sale of a horse prior to forming Arabian Crossings.  As the             
          record shows, many expenses in addition to purchase price have to           
          be factored into whether a transaction produced an overall                  
          profit.                                                                     
          (6)  The Taxpayer’s History of Income or Losses With Respect to             
               the Activity                                                           
               Petitioner argues that the losses are due to expenses                  
          incurred in the startup phase of his activity.  As this Court               
          stated in Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965),               
          affd. 379 F.2d 252 (2d Cir. 1967):                                          
               the presence of losses in the formative years of a                     
               business, particularly one involving the breeding of                   
               horses, is not inconsistent with an intention to                       
               achieve a later profitable level of operation, bearing                 
               in mind, however, that the goal must be to realize a                   
               profit on the entire operation, which presupposes not                  
               only future net earnings but also sufficient net                       
               earnings to recoup the losses which have meanwhile been                
               sustained in the intervening years.                                    

               We are not convinced that the years in issue fall within               
          what petitioner asserts is the startup phase of his breeding,               
          training, and showing of Arabian horses activity.  We have said             


               14We have only petitioner’s uncorroborated testimony                   
          regarding the sale.                                                         





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