Jane Freed - Page 16

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          that failed to produce a foal capable of recouping the types of             
          losses she incurred over the years.  She also continued to race             
          at tracks that she testified did not offer the chance for high              
          payouts.                                                                    
               Petitioner explains away her substantial losses by arguing             
          there were several unforeseen events that negatively affected her           
          activities.  These events include:  (1) The death of one of her             
          broodmares; (2) barren broodmares; (3) poor performance of racing           
          thoroughbreds; and (4) negative economic conditions.  We are not            
          convinced that any of these circumstances are the type that                 
          should have caught petitioner by surprise.                                  
               Petitioner next urges the Court to ignore losses she                   
          incurred before 1991 because the Internal Revenue Service (IRS)             
          examined her income tax return for 1991 and did not disallow the            
          deductions she claimed for her thoroughbred horse breeding and              
          racing activities.  In effect, petitioner is asking us to ignore            
          the pre-1991 losses because the IRS previously “approved” these             
          losses.  We decline petitioner’s invitation because 1991 is not             
          the year at issue in this case.  The facts and circumstances in             
          1991 are different from those in 1996.  Furthermore, even if it             
          were the same year, a trial before this Court in a deficiency               
          case is a proceeding de novo.  We are not bound by the findings             
          of an IRS audit.  Casey v. Commissioner, 38 T.C. 357 (1962).                








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