- 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