Dennis L. and Margaret J. Knudsen - Page 36




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         Income Tax Regs.), affd. without published opinion 273 F.3d 1096             
         (5th Cir. 2001).                                                             
              Petitioners make several arguments to defend ERE’s                      
         consistent losses.  First, petitioners argue that in 2001 they               
         were still in the “initial or start-up stages” of their business.            
         We find petitioners’ argument unconvincing.  We have held that               
         the initial startup phase for a horse breeding operation is 5 to             
         10 years.  Engdahl v. Commissioner, supra at 669.  Petitioners               
         offered no evidence to support a finding that the startup phase              
         for an exotic animal breeding operation was more than 5 to 10                
         years.  The years at issue were petitioners’ 11th and 12th years             
         of operation and well beyond the startup phase of their breeding             
         activity.                                                                    
              Second, petitioners argue that several unforeseen events                
         occurred that magnified their losses, and they contend that the              
         difficulties and uncertainties in the exotic animal breeding                 
         business explain their losses.  However, the setbacks ERE                    
         experienced do not explain the significant losses incurred each              
         year.                                                                        
              Petitioners’ losses in comparison with their revenues were              
         substantial.  From 1995 to 2002, petitioners reported losses in 8            
         consecutive years, which total $2,862,245.18  During that same               

               18The record does not contain financial information for the            
          years before 1995.  Petitioners introduced no evidence of any net           
                                                             (continued...)           






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