George R. and Barbara H. Burrus - Page 40

                                       - 40 -                                         
          avocational interest in Hereford breeding, as evidenced by his              
          attendance, and occasional showing of animals, at livestock                 
          conventions and fairs, we believe any recreational component of             
          these activities was minor.  Cf. Sullivan v. Commissioner, T.C.             
          Memo. 1998-367 (taxpayer’s regular participation as                         
          nonprofessional rider in cutting horse competitions constitutes             
          recreation indicative of lack of profit motive), affd. without              
          published opinion 202 F.3d 264 (5th Cir. 1999).  Because                    
          petitioners’ cattle activity lacked significant recreational                
          appeal, a profit intent is indicated under section 1.183-2(b)(9),           
          Income Tax Regs.                                                            
               C.  Conclusion                                                         
               Petitioners’ purebred Hereford herd grew significantly                 
          during the first 6 years of Maple Row’s operation, the years at             
          issue herein.  Their herd inventory records document this herd              
          building process.  While losses were incurred in all 6 years,               
          such losses are consistent with a startup period inherent in herd           
          building and therefore do not necessarily indicate a lack of                
          profit motive.  Given the growth in petitioners’ herd as of 1995,           
          the demonstrated market value of purebred Hereford bulls, their             
          record keeping practices, and the absence of significant                    
          recreational elements in cattle raising, we are persuaded that              
          petitioners had an actual and honest intent to profit from their            





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