- 26 - Petitioners did not have a written business plan, nor did they prepare income or budget projections with respect to the activity. However, petitioners contend that Dr. Burrus believed the cattle activity would begin to show a profit once the herd reached approximately 100 purebred productive cows and that he was endeavoring towards that goal. Respondent disputes petitioners’ contention that they were endeavoring to achieve a herd of 100 cows, citing among other things the absence of records documenting the size of petitioners’ herd for the years in issue. We agree with respondent that it is not possible to determine the size of petitioners’ herd during the years in issue from the herd inventory records in evidence.11 This is so 10(...continued) expert witness in its entirety. [Alumax, Inc. v. Commissioner, 109 T.C. 133, 171-172 (1997), affd. 165 F.3d 822 (11th Cir. 1999); citations omitted.] As best we can ascertain from their reports, the parties’ cattle breeding experts were provided data on petitioners’ cattle operation that was more limited than what has been introduced as evidence in these proceedings. In a few instances, the experts appear to have been provided information that is not in the record. In any event, their failure to analyze certain of the years in issue detracts significantly from the usefulness of their testimony. As a result, to the extent we have not specifically mentioned their testimony, we have found it unhelpful, unpersuasive, or both. 11 The parties’ cattle experts provided herd figures for certain years in their reports, apparently based in part on (continued...)Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011