- 12 - revenues is an indication that the taxpayer did not have a profit motive. Burger v. Commissioner, 809 F.2d 355, 360 (7th Cir. 1987), affg. T.C. Memo. 1985-523. A continuous series of losses during the startup stage will not necessarily be deemed indicative that the activity was not engaged in for profit. Sec. 1.183-2(b)(6), Income Tax Regs. However, the cumulative loss should not be of such a magnitude that an overall profit from a combination of operations and realized appreciation of business assets could not possibly be achieved. Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967); sec. 1.183-2(b)(4), Income Tax Regs. From 1980 when petitioner began the thoroughbred horse activity through 1998, Caduceus Thoroughbreds had cumulative losses exceeding $888,000. The Court has recognized that the startup phase of a horse breeding activity is 5 to 10 years. Engdahl v. Commissioner, 72 T.C. at 669. In this case, the years in issue are well beyond the period customarily necessary to bring a similar operation to profitable status. Sec. 1.183- 2(b)(6), Income Tax Regs. Petitioners’ Schedule C losses for 1994, 1995, 1996, and 1998 are $62,142, $80,205, $67,605, and $63,087, respectively. Petitioners claim that the losses were due to unforeseen circumstances such as lawsuits against the business, downturns in business, changes in the purse structure at races, a decrease inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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