Louis J. Novak - Page 18




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          that the startup phase of a horse-breeding activity may be 5 to             
          10 years.  See Engdahl v. Commissioner, 72 T.C. 659, 669 (1979).            
          In 1976, petitioner bought his first parcel of real estate and              
          built a small barn on it.  Petitioner has been breeding Arabian             
          horses since 1976.15  One of petitioner’s witnesses wrote a                 
          letter dated March 25, 1999, stating that he has known petitioner           
          “through his reputation as a quality breeder for more than twenty           
          years.”                                                                     
               Petitioner argues that he lost money due to a depressed                
          market during certain years.  However, petitioner incurred                  
          consistent losses during the years 1986 through 1997.  Those                
          yearly losses ranged from $80,620 to $131,750 per year.  Even               
          when we consider the fact that petitioner reported gains from the           
          sale of horses separately on Form 4797, petitioner’s overall                
          horse activities produced large consistent losses during each of            
          the years 1986 through 1997.                                                
               According to testimony provided by one of petitioner’s                 
          witnesses, the market for Arabian horses began to decline                   
          dramatically around 1985.  Petitioner purchased his 78.5-acre               
          farm in 1986.  Petitioner spent substantial amounts of money                
          refurbishing the house in which he lives and improving the                  



               15Petitioner argues that he only “dabbled” in the industry             
          prior to 1986.  However, at trial, he could not recall whether a            
          Schedule C, Profit or Loss From Business, relating to horse                 
          breeding was prepared with the earlier income tax returns.                  





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