Louis J. Novak - Page 19




                                       - 19 -                                         
          property by building a lake, a three-car garage, exercise                   
          facility, barn stalls, and run-in sheds.  These expenditures                
          during a market decline are inconsistent with petitioner’s                  
          assertion that circumstances beyond his control contributed to              
          his losses.                                                                 
               The market for Arabian horses began to rebound in 1991 and             
          1992.  Nevertheless, petitioner continued to sustain losses.                
          During the market upswing, petitioner sold La Quintina for                  
          $2,000, Lucy in Disguise for $5,000, and Pro Gato for $47,500.              
          Petitioner received $54,500 from the sale of these three horses,            
          but he paid Mr. Dahart $22,500 in commissions.16  Selling horses            
          during a market upswing and paying 41.28 percent17 in cumulative            
          commissions when the standard commission was between 10 and 15              
          percent indicate that petitioner’s activity was not engaged in              
          primarily for profit.                                                       
               Petitioner also argues that he lost several Arabian horses             
          and that some of his horses experienced infertility problems.               
          However, according to petitioner’s own testimony, he has been               
          very fortunate with regard to unexpected problems with his                  


               16Petitioner also paid Stachowski Farms a $7,125 commission            
          on the sale of Pro Gato.  In combining the commission paid to Mr.           
          Dahart and Stachowski Farms, petitioner paid a 55-percent                   
          commission on the sale of Pro Gato.                                         
               17The 41.28 percent does not include the $7,125 commission             
          that petitioner paid Stachowski Farms in addition to the $19,000            
          commission paid to Mr. Dahart for the sale of Pro Gato.                     






Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011