- 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
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