Timothy Thomas and Janice Kathleen Kuberski - Page 12




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          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 in            






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