- 21 - losses from 1994 through 1996; however, in 1995 Mr. Rinehart reduced the amount of his losses from the horse breeding activity by approximately $25,000 from 1994, and in 1996 Mr. Rinehart again reduced the amount of his losses from the horse breeding activity by approximately $25,000 from 1995. A record of substantial losses over several years may be indicative of the absence of a profit motive. Golanty v. Commissioner, 72 T.C. 411, 426 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981). Section 1.183-2(b)(6), Income Tax Regs., however, provides that a series of losses during the startup phase of an activity may not necessarily be an indication that the activity is not engaged in for profit. Mr. Rinehart admitted that during 1986 through 1989 he could not make a profit from the horses he owned. After the divorce and bankruptcy, he ended the initial horse activity and went into a “holding period” where he kept the few horses he still had, but he did not train, show, or breed them. In 1990, Mr. Rinehart reentered the cutting horse industry and started up the horse breeding activity. This Court has recognized that the startup phase of a horse breeding activity is 5 to 10 years. Engdahl v. Commissioner, 72 T.C. 659, 669 (1979). We believe that the years in issue, 1994 through 1996, encompassed a startup period. See Phillips v. Commissioner, supra; see also Engdahl v. Commissioner, supra atPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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