Louis J. Novak - Page 20




                                       - 20 -                                         
          horses.  Indeed, from 1986 until May 1999, petitioner has lost              
          only two foals.  During the same period of time, petitioner lost            
          only two mares, both from natural causes, with one dying of old             
          age.                                                                        
               We are not convinced that petitioner incurred losses during            
          the years in issue due to a depressed market or unforeseen                  
          problems.  The losses petitioner incurred during the years in               
          issue were consistent with his losses for all the years from 1986           
          through 1997.                                                               
          (7) The Amount of Occasional Profits, if Any, Which Are Earned              
               Petitioner’s activity has never been profitable.  Petitioner           
          admitted at trial that he will never be able to recoup what he              
          has spent thus far.18                                                       
               Petitioner asserts that he has sold several Arabians for               
          substantial sums over the past several years.  However, the                 
          occasional gain petitioner received from the sale of horses from            
          1986 through 1997 was de minimis compared to the expenses                   
          incurred, and as previously observed, petitioner’s occasional               
          opportunity to earn profits from the sale of horses was                     
          diminished by the extraordinary commissions paid to Mr. Dahart.             


               18Petitioner attempted to mitigate the significance of this            
          statement by asserting that he could more than recoup all his               
          losses if he sold all the livestock, equipment, and the farm.               
          But the farm includes petitioner’s personal residence, and                  
          petitioner has never intended to sell the farm.  He testified               
          that his goal is to spend less time in medicine and more time on            
          his farm and that he intended to retire on the property.                    





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