Julius Lee Harrington and Mary Lou Ziter - Page 11




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          manner as other profit-making horse-breeding operations, made               
          changes in their method of operations to increase profitability,            
          and attempted to diversify their activities to make a profit.               
               Petitioners’ situation is distinguishable from the taxpayers           
          in Engdahl.  Petitioners offered no evidence to show that their             
          horse-breeding activity was unprofitable due to unexpected                  
          adverse market conditions.  Nor did they show that the activity             
          was similar to other profit-making horse-breeding operations.               
          Petitioners did not make changes to their operation in an attempt           
          to make it profitable.1  Indeed, Dr. Harrington testified that he           
          was unwilling to expand the operation because it was not cost               
          effective to do so.  Finally, Dr. Harrington made no attempt to             
          diversify the operation in order to earn a profit.  Dr.                     
          Harrington’s continuation of the inherently money-losing                    
          operation belies petitioners’ contention that petitioners engaged           
          in the activity to make a profit.                                           

               1Petitioners argued on brief that they made several changes            
          to improve profitability.  First they claim they “switched” to a            
          “well-known Appaloosa Foundation bloodline”.  In fact, the only             
          stallion that they have ever used was Provoking.  We do not                 
          understand what they mean by a “switch”.  Second, they claim that           
          they identified a special niche market of producing palomino                
          Appaloosas and attempted to expand to meet market demand.  In               
          fact, petitioners did not attempt to expand and have not been               
          able to sell their two best foals (calling into question the                
          level of demand).  Finally, petitioners point out that Dr.                  
          Harrington has developed farrier, veterinarian, training, and               
          marketing skills.  While he may have developed or improved his              
          skills, these were not significant changes made to improve                  
          profitability and did not have the effect of improving                      
          profitability.                                                              





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