Dale A. Rinehart and Jeana L. Yeager, f.k.a. Jeana L. Rinehart, et al. - Page 21




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          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 at             






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