George R. and Barbara H. Burrus - Page 37

                                       - 37 -                                         
          T.C. Memo. 1981-550 (losses in third, fourth, and fifth years of            
          cattle breeding operation found to occur during startup phase).             
               Petitioners’ losses throughout the first 6 years of Maple              
          Row’s operations are consistent with Dr. Burrus’s stated business           
          plan of expanding his herd of productive cows to 100, and not               
          expecting to cover his losses until that time.  As previously               
          discussed, petitioners’ records and other evidence corroborate              
          that they were building a herd during the years at issue.                   
          Indeed, the herd’s annual production of registered purebred                 
          offspring nearly tripled during the period.  Although petitioners           
          incurred losses during all 6 years in issue, we are persuaded               
          that these years constituted a reasonable startup period.  As a             
          result, the continuous losses do not indicate the absence of an             
          intent to profit, under section 1.183-2(b)(6), Income Tax Regs.             
          While petitioners also incurred losses for the next 4 years                 
          (1996-99), the issue we must decide is whether they had an actual           
          and honest intent to profit during the years in issue, given                
          their herd growth and other factors extant at the time;                     
          petitioners’ intentions and expectations for the years in issue             
          were not informed by the experience of subsequent years.15                  


               15 We express no opinion herein whether petitioners were               
          engaged in their cattle activity for profit during 1996 through             
          1999, given the facts and circumstances known to them in those              
                                                             (continued...)           




Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011