Julius Lee Harrington and Mary Lou Ziter - Page 10




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          if so how, the activity could be operated profitably or to make             
          informed business decisions on a periodic basis.  During his                
          investigation of horse breeding, Dr. Harrington was told by                 
          professional breeders that it would be difficult to make a profit           
          from breeding Appaloosa horses.                                             
               The economics of petitioners’ operation showed that they               
          could not make a profit from their horse-breeding activity.                 
          Petitioners consistently incurred expenses of more than $10,000             
          per year.  Breeding their stallion only two or three times per              
          year would yield at best only two or three foals per year (horses           
          have an 11-month gestation period), worth at most $7,500 in the             
          unlikely event that all three foals had Appaloosa                           
          characteristics.  Petitioners’ horse-breeding activity was a                
          money-losing proposition without hope of success.                           
               Citing Engdahl v. Commissioner, 72 T.C. 659 (1979),                    
          petitioners argue that because Dr. Harrington did most of the               
          work himself, and that much of this work was not pleasurable, he            
          should be deemed to have engaged in the activity in a                       
          businesslike way.  We disagree.  In Engdahl, after Dr. Engdahl’s            
          retirement as an orthodontist, the Engdahls purchased a ranch to            
          breed American saddle-bred horses after receiving professional              
          advice on operating the ranch profitably.  Due to unexpected                
          adverse market conditions, the ranch was not profitable.  The               
          Court found that the Engdahls operated their business in the same           






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