Dale A. Rinehart and Jeana L. Yeager, f.k.a. Jeana L. Rinehart, et al. - Page 20




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          the valuation proposed by Mr. Rodriguez; petitioner argues that             
          we should accept the valuation proposed by Mr. Bierschwale.  Both           
          reports, however, conclude that by the close of the last taxable            
          year in issue (1996) the Campbell ranch increased in value from             
          its purchase price.  The only dispute between the parties is to             
          whether value increased by $56,000 or $150,000.  The Campbell               
          ranch increased in value by at least $56,000, and this supports             
          Mr. Rinehart’s expectation that the assets used in the activity             
          would appreciate in value and petitioners’ contention that the              
          horse breeding activity was engaged in for profit.22                        
               Additionally, IRS economist Roderick Moss testified that he            
          thought Mr. Rinehart’s horse breeding activity could be                     
          profitable in the future.  Accordingly, we conclude that this               
          factor favors petitioners for the years in issue.                           
          Mr. Rinehart’s Success in Similar or Dissimilar Activities                  
               The uncontradicted evidence establishes that Mr. Rinehart              
          enjoyed success in two previous cattle activities--the polled               
          Hereford breeding activity and the Hereford breeding activity.              
          This is indicative of the requisite profit motive.                          
          History of Income or Loss                                                   
               Mr. Rinehart incurred hundreds of thousands of dollars in              


               22  We note that the parties submitted evidence regarding              
          the valuation of petitioners’ herd of horses.  The factual and              
          expert evidence, however, concerns the value of the horses in               
          2000--a year well beyond the years in issue.                                





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