Rhett Rance Smith and Alice Avila Smith, et al. - Page 62




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               Beginning in 1998 and extending through 2003, Zane filed one           
          Schedule F each year designating the activity as “Cattle Crops--            
          Dog Breeding.”  In 2004, he simply included the dog breeding                
          activity expenses in a Schedule F labeled “Cattle Crops--Dog                
          Breeding”,  and a separate Schedule F was attached and designated           
          “Organic Dairy Farm”.                                                       
               Zane’s lack of records and failure to address and/or be                
          particularly concerned about the financial aspects and the                  
          potential for recouping losses show that he did not operate the             
          activity in a businesslike manner.  Someone with the intent to              
          make a profit from dogs would be expected to have a substantial             
          file on each dog.  See, e.g., Rinehart v. Commissioner, T.C.                
          Memo. 2002-9.  The lack of detailed records as to which dogs were           
          profitable and which were not is an indication that the dog                 
          breeding activity was not carried on for profit.  See Smith v.              
          Commissioner, T.C. Memo. 1997-503.                                          
               Zane made no effort to reduce costs and control losses.                
          Although he contends that his coownership arrangements helped to            
          reduce expenses, any such reduction was insufficient to stem the            
          increasing overall amount of expenses and the increasing losses.            
          He did not earn any income from judging during the years at issue           
          and has earned relatively nominal amounts from showing dogs.                
          Zane’s income tax returns reflect no income from the dog breeding           








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