Elizabeth Giles - Page 39

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          Regs.  However, losses that extend beyond the customary                     
          startup stage may indicate that the activity is not engaged                 
          in for profit.  Engdahl v. Commissioner, supra at 669; sec.                 
          1.183-2(b)(6), Income Tax Regs.                                             
               From 1988 through 2000, and 2002 through 2003,                         
          petitioner reported total Schedule C losses of $441,289.  In                
          2001, petitioner reported a $209 profit from her horse                      
          activity, due to the sale of Bogaz for $20,000.                             
               Petitioner argues that the history of losses does not                  
          indicate she lacked a profit motive because her activity is                 
          in the startup stage.  This Court has recognized that the                   
          startup stage for a horse-breeding activity may be 5 to 10                  
          years.  Engdahl v. Commissioner, supra at 669; McKeever v.                  
          Commissioner, T.C. Memo. 2000-288; Dodge v. Commissioner,                   
          supra.  Petitioner argues that her startup stage should be                  
          extended because she encountered unforseen circumstances,                   
          including the death of two foals in 1991 and 1998,                          
          respectively, and the depressed Arabian horse market in the                 
          mid-1990s.                                                                  
               The applicable regulations do not provide for an                       
          extension of the startup stage on account of unforeseen                     
          circumstances, and petitioner cites no caselaw to support                   
          her argument.  Instead, section 1.183-2(b)(6), Income Tax                   
          Regs., states:  “If losses are sustained because of                         






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