Dennis L. and Margaret J. Knudsen - Page 38




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         account.19  Further, they introduced little evidence regarding the           
         purchase prices of the animals or their adjusted bases in the                
         animals.  Petitioners also assert that many of ERE’s animals were            
         capable of yielding profits.  However, a highly speculative                  
         profit potential does not outweigh the substantial losses                    
         incurred during the years of operation.  See Giles v.                        
         Commissioner, T.C. Memo. 2006-15; McKeever v. Commissioner, T.C.             
         Memo. 2000-288.                                                              
              After 12 years of operation, petitioners’ exotic animal                 
         breeding activity has never generated a net profit.  Despite                 
         their extraordinary losses, petitioners continued to expand their            
         operation and to increase their losses.20                                    
              This factor favors respondent’s position.                               
                   8.  Petitioners’ Financial Status                                  
              The fact that a taxpayer does not have substantial income or            
         capital from sources other than the activity in question may                 
         indicate that the activity is engaged in for profit.  See sec.               
         1.183-2(b)(8), Income Tax Regs.  Substantial income from sources             
         other than the activity (especially if the losses from the                   
         activity generate substantial tax benefits) may indicate a lack              

               19Petitioners did not offer evidence enabling us to                    
          calculate the profit or loss from each sale or from the aggregate           
          sales.                                                                      
               20During 2000 and 2001, petitioners incurred losses totaling           
          $901,469.                                                                   







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