Rhett Rance Smith and Alice Avila Smith, et al. - Page 68




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          1999 tax year reflects that other than depreciation and repairs             
          of the property, most of the expenditures were for the dog                  
          breeding activity, including dog training and showing.  No                  
          expenses were claimed that appeared to relate directly to the cow           
          and dairy farm activity.  Likewise, for the 2000 tax year most              
          were for the dog breeding activity, and only a relatively small             
          portion could have been connected with the cow and dairy farm               
          activity.                                                                   
               For 2001 two Schedules F were included, and the one labeled            
          “Cattle Crops--Dog Breeding” contained substantially increased              
          expenditures.  Relatively large amounts were spent on items                 
          relating to cows such as feed and trucking expenses.  The second            
          Schedule F was labeled “Organic Dairy Farm” and contained claimed           
          expenditures and depreciation totaling $98,470.  These                      
          circumstances reflect that Zane did not begin to pursue the dairy           
          farm idea until 2001.  Any expenditures nominally  connected with           
          cows before 2001 would have, in any event, been considered                  
          startup expenditures (which are to be capitalized) and were                 
          incurred before the implementation of the plan to pursue the                
          dairy farm.  See Toth v. Commissioner, 128 T.C. 1, 4-6 (2007).              
          Accordingly, we agree with respondent that Zane and Shannon are             
          not entitled to claim any losses in connection with his cow                 
          activity before 2001.                                                       
               With respect to 2001, Zane had studied and researched the              
          various types of cattle that could be bred.  Zane recognized that           





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