- 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
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