                         T.C. Memo. 2007-340



                      UNITED STATES TAX COURT



        DENNIS L. AND MARGARET J. KNUDSEN, Petitioners v.
           COMMISSIONER OF INTERNAL REVENUE, Respondent



     Docket No. 18246-04.              Filed November 15, 2007.



     Jack D. Flesher and Brian A. Turney, for petitioners.

     Ann L. Darnold, for respondent.



             MEMORANDUM FINDINGS OF FACT AND OPINION


     MARVEL, Judge:   Respondent determined deficiencies with

respect to petitioners’ Federal income tax of $183,774 for 2000

and $197,473 for 2001.   The issues for decision are:
                               - 2 -

     (1)   Whether petitioners’ exotic animal breeding activity

for 2000 and 2001 constituted an activity engaged in for profit

within the meaning of section 183;1 and

     (2)   if petitioners were engaged in an activity for profit,

whether certain amounts claimed as deductions for 2000 and 2001

should be either disallowed for lack of substantiation or

reclassified as capital expenditures.

                         FINDINGS OF FACT

     The parties have stipulated some of the facts, which we

incorporate in our findings by this reference.   Petitioners

resided in Liberal, Kansas, when the petition was filed.

Petitioners

     At all relevant times, Dennis L. Knudsen (Dr. Knudsen) was a

medical doctor, specializing in obstetrics/gynecology.   Dr.

Knudsen spent his spare time working in petitioners’ exotic

animal breeding operation called El Rancho Exotica (ERE).

     Margaret J. Knudsen (Mrs. Knudsen) was the primary operator

and manager of ERE.   Mrs. Knudsen also helped part time in Dr.

Knudsen’s medical practice.   Mrs. Knudsen completed 32 hours of

business courses in college but does not hold a business degree.




     1
      Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the years in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure.
                                - 3 -

She has never received any formal training in animal care or zoo

science.

Commencement of the Breeding Activity

     In 1989, petitioners began breeding birds.      Petitioners did

not have any employment history or business experience in

breeding or selling animals.2   Petitioners did not have a formal

business plan, nor did they prepare any economic projections for

their animal breeding operation.3

     Dr. Knudsen became interested in breeding birds after

learning that the United States had concluded treaties banning

the importation of tropical birds.      Because of the ban on

importation, petitioners anticipated favorable market conditions

for tropical birds.   Petitioners hoped the bird breeding business

would be a source of income after Dr. Knudsen retired from his

medical practice.

     Before acquiring any birds for breeding, Dr. Knudsen learned

about an evolving practice of hand feeding parrots.      According to

the information he acquired, hand feeding the parrots made them

more marketable as pets.   Petitioners attended a bird breeding

seminar in California on hand feeding and raising young parrots.


     2
      Dr. Knudsen testified that he had some limited experience
in the breeding of small birds. The record does not reflect
whether Dr. Knudsen ever sold any of these birds.
     3
      Dr. Knudsen testified that he was “very interested” in bird
breeding, and “Whether or not it was economically feasible, * * *
only time would tell.”
                                 - 4 -

Petitioners also began collecting books about bird breeding.     Dr.

Knudsen also read several publications, including Bird Talk

magazine, about bird breeding.

     Petitioners did not present any evidence that they consulted

with a paid adviser about the operation or economics of a bird

breeding business.   Petitioners, however, did consult with

several bird enthusiasts about bird breeding.    In the mid-1980s,

petitioners met a well-known bird breeder, Richard Shubot (Mr.

Shubot), who was involved in bird conservation.    Petitioners

visited Mr. Shubot in Florida and spoke with him about his

experiences with bird breeding.    Mr. Shubot talked with

petitioners about bird diets, temperature, and timing of eggs.

Dr. Knudsen and Mr. Shubot kept in touch monthly for several

years.   In addition, Dr. Knudsen visited Dick Schroeder (Mr.

Schroeder), a bird breeder, at his facility in California.    Dr.

Knudsen and Mr. Schroeder talked about setting up bird cages and

pairing birds in cages.   Dr. Knudsen occasionally talked to Gail

Worth, head of the editorial board of Bird Talk magazine, about

setting up his bird breeding operation.    Dr. Knudsen also

contacted a breeder in Minnesota about housing birds in an indoor

facility with artificial light.

     After purchasing a large tract of land for bird breeding,

petitioners decided to expand their breeding activities to other

animals.   In 1992, petitioners began purchasing camels and
                               - 5 -

llamas.   Petitioners became interested in llamas because they

helped eliminate sage and weeds, and they deterred coyotes by

emitting a scent.   Further, petitioners learned that llamas

reduced stress in humans, and they experimented with the use of

llamas in Dr. Knudsen’s medical practice.

     Before acquiring camels and llamas, petitioners visited

several llama ranches, spoke with breeders over the telephone,

and joined a local llama society.    Petitioners also visited

several breeders, including a llama breeder in Texas and a camel

breeder in Colorado.   In addition, Dr. Knudsen read books about

camel breeding in the Middle East.     Petitioners expected to

recoup the expense of breeding the camels over approximately 10

years.

     After purchasing camels and llamas, petitioners became

interested in breeding Angora goats because the U.S. Government

subsidized Angora goat wool.   However, the United States phased

out the subsidy shortly after petitioners acquired their Angora

goats.

     Petitioners continued to acquire more species of animals to

breed, including, but not limited to, Watusi cattle, miniature

donkeys, miniature horses, elk, reindeer, zebras, African

antelope, kangaroos, Clydesdale horses, and primates.
                                - 6 -

Petitioners’ Operational History

     From 1989 through 2001, petitioners acquired around 50 or 60

species of birds and approximately 30 different species of other

animals for breeding.   From 1989 through 2001, petitioners spent

more than $1 million on livestock.4

     Petitioners purchased animals from dealer/brokers and zoos.

Before purchasing an animal, petitioners often did not

investigate the quality and breeding possibility of the animal.

Mrs. Knudsen purchased two Clydesdale horses without knowing what

the selling price of their offspring would be.    She also

purchased breeds that were not suitable for the Kansas climate.

In addition, Mrs. Knudsen purchased animals without receiving any

health information on them.   For example, petitioners purchased

from a zoo a bongo that had an implant, which prevented the

animal from breeding.

     Petitioners hired employees to help maintain the facilities.

Two of petitioners’ children also helped at ERE, although they

did not always receive wages.   Petitioners offered their full-

time employees health insurance benefits.    Petitioners withheld

employment taxes and filed payroll tax returns with the Internal

Revenue Service and the State of Kansas.    Petitioners required




     4
      During the years at issue, petitioners spent $97,797 on
livestock purchases.
                                - 7 -

their employees to clock in and out of work, and they maintained

an employee training manual.

       Employees mowed the grass, painted, and performed other

upkeep at ERE.    The employees generally did not help Mrs. Knudsen

care for the animals.    However, Mrs. Knudsen allowed one employee

at a time to assist her in caring for the birds.    Mrs. Knudsen

typically trained each of these employees for approximately 2

weeks.

       During the years in issue, insurance for their animals was

available to petitioners.    However, petitioners did not insure

their animals because it was too costly.

       Mrs. Knudsen acquired the following licenses on behalf of

ERE:    Captive-Bred Wildlife Registration--U.S. Department of

Interior, Fish and Wildlife Service; Federal Fish and Wildlife

Permit; Class B Dealer Permit Under the Animal Welfare Act--U.S.

Department of Agriculture (USDA); Federal Fish and Wildlife

Permit--Migratory Birds; Kansas Department of Wildlife and Parks

Game Breeders Permit; Nursery Dealer License--Kansas Department

of Agriculture; Kansas Rehabilitation Permit.    Several of these

licenses were required for petitioners to deal in certain

animals.

       In addition to the licenses held by ERE, Mrs. Knudsen joined

the following organizations:    International Society of

Zooculturalists (ISZ), Exotic Wildlife Association (EWA), United
                                - 8 -

Zoological Association, Clydesdale Breeders of the United States,

American Miniature Donkey Registry, American Miniature Horse

Association, North American Elk Breeders Association,

International Lama Registry, World Watusi Association, American

Quarter Horse Association, Reindeer Owners and Breeders

Association, American Federation of Agriculture, American

Pheasant and Waterfowl Society, and Ducks Unlimited.

     During the operation of ERE, petitioners experienced several

setbacks in their breeding activity, including:

     !    Petitioners lost many bird eggs and chicks after an

          employee brought her young child into the bird breeding

          facility.

     !    Wind storms caused eye problems for the Rocky Mountain

          goats, which affected their breeding.

     !    A drought in Kansas negatively affected the breeding of

          many animals.

     !    A very expensive bird escaped after an employee left

          the bird cage open.

     !    A heater failed on a very cold night, resulting in the

          deaths of two bongos.

     !    Two Clydesdale horses died in a barn fire.

     !    Several gemsbok crashed into a fence during the barn

          fire, and one of them was killed.   Several others lost

          market value after breaking their horns.
                                - 9 -

     !      A coyote killed a Black Buck antelope.

     !      A mountain lion killed an East African crowned crane

            and its chick.

     !      A male addax died during a windstorm.

     !      A giraffe died after slipping on wet ground.

     !      A giraffe calf died as a result of the cold weather on

            the night of its birth.

     Mrs. Knudsen testified that petitioners would eliminate

breeding groups that were unsuccessful and expand breeding groups

that were successful.    However, petitioners did not base any

decision on an analysis of the profitability of a breeding line.5

Petitioners eliminated a breeding group, for example, if a mother

lost her young or did not take care of it.    They also eliminated

animals that required continuous bottle feedings.

Petitioners’ Breeding Facilities

     Petitioners tried several locations for their bird breeding

activity.    During the first year of breeding, petitioners kept

the birds in a sunroom inside their home.    After acquiring more

birds, petitioners decided to build cages for the birds in a

heated building.    However, the cages were unsatisfactory.

Petitioners then decided to construct a small metal building




     5
      Petitioners did not keep complete breeding records that
would have enabled them to make an economic analysis of each
breed.
                               - 10 -

behind Dr. Knudsen’s medical office building.   The birds remained

in this building for about 3 years.

     As their bird breeding activity expanded, petitioners

decided to purchase a 160-acre tract located about 10 miles north

of Liberal, Kansas.   At that time, petitioners named their

operation ERE.

     Before constructing any facilities on the land, petitioners

attended seminars where they learned about suitable environments

for housing the birds.   In the early 1990s, petitioners

constructed two buildings, an indoor-only building and an

indoor/outdoor building.

     Over time, petitioners made additional improvements at ERE.

Petitioners built a rain forest structure, an aviary, camel and

goat sheds, a llama breeding barn, a giraffe building, a

chimpanzee building, a monkey cage, a gazebo, multiple fences,

approximately 12 Morton buildings,6 and numerous other metal

buildings.   In addition, petitioners kept two mobile homes on the

property.    Petitioners also made substantial improvements to the

landscape of ERE by planting trees and shrubs and installing

sidewalks, driveways, rocks, a pond, and a deck.   From 1990

through 2001, petitioners spent a total of $1,532,252 on




     6
      Morton buildings are steel buildings that can withstand
strong winds and volatile weather.
                                - 11 -

improvements to the land.7    In addition, petitioners spent

$261,348 on equipment used to maintain the property.

     The USDA conducted two annual inspections of ERE’s

facilities.     The USDA requires that exotic animal breeding

facilities be constructed and maintained according to USDA

regulations.8    To comply with USDA’s requirements, petitioners

incurred large expenses installing infrastructure on the

property.   For example, petitioners constructed metal and

concrete buildings, maintained heat inside the buildings, and

built walkways throughout the property.     During the years at

issue, ERE was in compliance with or received variances from all

USDA requirements.9

     In 2000, petitioners started building a home on the

property.   Petitioners decided to live on the property because

Mrs. Knudsen often drove to the property alone at night to feed

the animals, and petitioners wanted to keep better watch over


     7
      The improvements to the land consisted of $1,119,478 for
buildings and $412,774 for landscaping.
     8
      The USDA regulates the following: Housing, ventilation,
lighting, interior surfaces, primary enclosures, sanitation, pest
control, feeding and watering, outdoor shelter, compatibility of
animals housed together, record keeping, adequate veterinary
care, handling, and transportation.
     9
      In 2001, the USDA informed petitioners that they were not
in compliance with a new USDA regulation. The new regulation
required an 8-foot perimeter fence for potentially dangerous
animals. Mrs. Knudsen applied for a variance from the new
regulation, and the USDA granted Mrs. Knudsen’s request because
the existing structures were sufficient.
                                - 12 -

ERE.    In addition, petitioners installed a swimming pool with a

sun room enclosure at their new home.

Petitioners’ Record Keeping

       Petitioners maintained financial and accounting records as

well as operational records for ERE.     Petitioners kept ERE’s bank

account and accounting records separate from their personal

financial records.10   An employee/bookkeeper of Dr. Knudsen’s

medical practice maintained ERE’s books of account using

Quickbooks accounting software11 and was responsible for paying

all of ERE’s expenses, including taxes.    Petitioners maintained a

general ledger, cash receipts/disbursements journals, and

financial statements for ERE.    The record does not contain any

evidence, however, that petitioners used their financial records

for making business decisions.

       Petitioners hired James W. Grimes (Mr. Grimes), a certified

public accountant of Hay, Rice & Associates, to prepare ERE’s

income tax returns.    Although Mr. Grimes’s accounting firm offers

business consulting to clients, petitioners did not introduce any

evidence that Mr. Grimes, or any person from his firm, advised

petitioners about business plans or ways to achieve

profitability.


       10
      In 2000, over $300,000 of deposits into the bank account
of ERE were cash from Dr. Knudsen’s medical practice.
       11
      The employee also kept the books for petitioners’ personal
accounts.
                               - 13 -

     Petitioners kept a depreciation schedule for the animals

purchased for breeding and the improvements made on the land.

However, Mrs. Knudsen admitted that the depreciation schedule

contained errors.    For example, Mrs. Knudsen testified that

petitioners owned two blue and gold macaws, but only one was

included on the depreciation schedule.

     In addition to their accounting records, petitioners kept

some operational records for their breeding activity.    Mrs.

Knudsen maintained a daily journal, a calendar of bird breeding

activity, and a large notebook of breeding records.    The daily

journal was a calendar that was kept near the entrance of the

building, on which employees documented daily events such as

weather temperatures, births, deaths, workers present, chores of

the day, and deliveries of feed and fuel.    The bird calendar was

kept in petitioners’ kitchen and included information on the bird

breeding activity.    The bird calendar helped petitioners

determine when the birds would lay eggs and when the eggs would

hatch.

     The large notebook of breeding records contained information

such as names of sellers, dates of purchase, purchase prices, and

breeding information.    The breeding records did not identify the

species of animal, and many of the breeding records were

incomplete.   Petitioners did not maintain breeding records for

all of their animals.    For example, petitioners did not keep
                                 - 14 -

breeding records for the birds or the primates.     Several animals

had births during 2000 and 2001 for which petitioners did not

provide breeding records.12

      Mrs. Knudsen testified that she periodically transferred

information on animal births and deaths from the journals and the

bird calendar to computerized breeding records.     However, the

computer records introduced in evidence were incomplete and

covered 2000 and 2001 only.

     Petitioners kept other operational records.     For animals

born and raised at ERE, Mrs. Knudsen kept pediatric records

detailing each animal’s birth date, birth weight, and medications

given at birth.     The pediatric records also tracked feeding.

Mrs. Knudsen also kept a record of microchip implantations,13 but

this record was incomplete.

     Petitioners did not regularly maintain a complete inventory

of ERE’s animals.     They compiled a list only once a year for the

USDA’s annual inspection.     At the time of trial, petitioners did

not know and could not estimate the fair market value of ERE’s

animals.




     12
      Breeding records were unavailable for many animals,
including: Aoudads, Watusi cattle, muntjac, Pere David’s deer,
chamois, sloths, coatis, kangaroos, caribous, and Black Bucks.
     13
          The microchips were useful for recovering stolen animals.
                                 - 15 -

     Moreover, petitioners did not issue invoices or receipts to

customers.14     A customer’s only proof of purchase from ERE was a

notation of the species on the canceled check.      Although Mrs.

Knudsen testified that petitioners kept a record of animal sales

on Quickbooks, the record provides almost no details regarding

petitioners’ animal sales.

Petitioners’ Marketing Activities

     Petitioners conducted very little marketing and advertising

for ERE.      Petitioners reported advertising expenses during only 1

year of operation.15     Mrs. Knudsen was unable to explain why

petitioners claimed advertising expenses in only 1 year.      She

testified that petitioners had advertising expenses in 2000 or

2001, but the record does not indicate that petitioners paid for

advertising in those years.

     Petitioners publicized their animals in trade journals and

through animal breeding organizations.      For example, Mrs. Knudsen

listed ERE in the ISZ breeders’ directory, and she made contacts

in the exotic animal business through membership in EWA and by

attending auctions.      Although Mrs. Knudsen testified that she

belongs to these organizations to help her establish a good

reputation in the exotic animal business, petitioners did not



      14
           Petitioners issued a receipt to only one buyer.
      15
      In 1996, petitioners reported $4,030 in advertising
expenses on their Federal income tax return.
                                - 16 -

present evidence that membership in these organizations increased

the marketability of their animals.

     In addition, Mrs. Knudsen ordered business cards for ERE and

distributed them to potential business contacts.    ERE’s business

card featured a description of its business as “conservation,

preservation, rare and endangered species”, a small picture of

exotic animals, and Mrs. Knudsen’s name and contact information.

The business card did not indicate that ERE sold exotic animals.

Petitioners’ Sales Activities

     Petitioners sold animals to individuals, brokers, and zoos

and through auctions.   Petitioners initially sold birds locally

but then decided to use a broker to send most of their birds to a

pet shop in Denver.   Petitioners determined the market prices for

their animals from various journals, including Animal Finders’

Guide and Rare Breeds Journal.

     From 1995 through 2002, petitioners received $416,080 from

animal sales.   As stated above, the record provides little

evidence regarding the details of petitioners’ sales activities.

Petitioners’ Time and Effort

     Petitioners devoted substantial time and effort to ERE.

Although Dr. Knudsen devoted most of his time to his medical

practice, he spent around 15 or 20 hours per week working at ERE

during the spring and summer months.     Dr. Knudsen attended to the

animals’ health needs and was the primary caretaker of the
                                - 17 -

landscaping at ERE.    He testified that the landscaping created a

natural environment for the animals to thrive.

     Mrs. Knudsen was the primary operator of ERE and devoted a

significant amount of time to it.    Mrs. Knudsen also helped in

Dr. Knudsen’s medical practice and received wages for her

services.   At one time, petitioners employed a manager of ERE to

help Mrs. Knudsen with the daily activities.    After the manager

left around 2000, Mrs. Knudsen assumed all responsibilities for

the daily management of ERE.

     Many of Mrs. Knudsen’s duties were demanding.    She hand or

bottle fed baby animals several times a day.    Mrs. Knudsen fed

the primates and kangaroos every day and spent about 45 minutes a

day feeding the birds in the breeder building.    In addition, she

fed the kangaroos and the giraffe fresh fruit and produce three

times a week.    During the winter, Mrs. Knudsen acclimated the

primates to the cold weather by letting them out during the day

and locking them up at night.

     Mrs. Knudsen’s work at ERE was not always pleasurable.      She

performed tasks such as cleaning stalls and cages, checking the

heaters in the middle of a blizzard, hand feeding the birds grub

worms, and disposing of animal carcasses.    As a result of her

duties at ERE, Mrs. Knudsen sustained several injuries.    In 1999,

she received a permanent scar on her left temple because of a

bird attack.    In 2000, Mrs. Knudsen had surgery on her right
                              - 18 -

shoulder to repair damage caused by stacking hay and cleaning

stalls.   In 2001, she had surgery on a knee injury resulting from

a chimpanzee attack.

     In addition to her duties at ERE, Mrs. Knudsen spent time

attending seminars on various animals.   At one seminar, Mrs.

Knudsen learned how to implant microchips in the animals.

Petitioners attended seminars on hand feeding birds and on

constructing bird breeding facilities.   Mrs. Knudsen also

dedicated a significant amount of time to her various membership

organizations.   She spoke at an ISZ-sponsored seminar at the

Omaha Zoo and in 2000 hosted the ISZ convention.

Petitioners’ Income Tax Returns

     Most of petitioners’ breeding activity losses resulted from

depreciation of the animals, infrastructure, and improvements.

On Schedules F, Profit or Loss From Farming, of their returns,

petitioners reported gross income and expenses and net profit or

loss for 1995 through 2002 relating to ERE, as shown in the

following table:

                                               Net profit
   Year       Gross income        Expenses      or (loss)

   1995          $22,138          $376,943     ($354,805)
   1996           49,011           342,794      (293,783)
   1997           23,528           365,544      (342,016)
   1998           69,639           355,230      (285,591)
   1999           59,353           412,127      (352,774)
   2000           50,423           481,386      (430,963)
   2001           63,977           534,483      (470,506)
   2002          104,671           436,478      (331,807)
                               - 19 -

     The following table compares the adjusted gross income (AGI)

that petitioners would have reported if they had not engaged in

their breeding activity with the AGI that they actually reported

on their Federal income tax returns for 1995 through 2002:

       Year            AGI without ERE        AGI reported

       1995               $553,075              $199,175
       1996                716,359               428,485
       1997                748,293               409,896
       1998                688,703               413,584
       1999                781,242               440,399
       2000              1,003,786               586,239
       2001              1,072,126               613,985
       2002                886,312               555,856

     The losses from ERE allowed petitioners to reduce their

Federal income tax liability by $170,732 for 2000 and $184,507

for 2001.

Notice of Deficiency

     Following an examination of petitioners’ Federal income tax

returns for 2000 and 2001, respondent issued a notice of

deficiency in which he determined:      (1) Petitioners’ animal

breeding activity in those years was an activity not engaged in

for profit under section 183, and expense deductions claimed with

respect to the breeding activity were disallowed, except as

allowed by section 183(b), and (2) computational adjustments to

petitioners’ itemized deductions were required because of the

preceding adjustments.
                                - 20 -

                                OPINION

I.   Burden of Proof

     Petitioners argue that the burden of proof should be shifted

to respondent under section 7491(a) because petitioners produced

credible evidence and satisfied the requirements of section

7491(a)(2).

     Generally, the Commissioner’s determinations are presumed

correct, and the taxpayer bears the burden of proving that those

determinations are erroneous.    Rule 142(a)(1); Welch v.

Helvering, 290 U.S. 111, 115 (1933).      Section 7491 is applicable

to court proceedings arising in connection with examinations

commenced after July 22, 1998.    Internal Revenue Service

Restructuring and Reform Act of 1998, Pub. L. 105-206, sec.

3001(c), 112 Stat. 727.   Under section 7491(a)(1), the burden of

proof shifts to the Commissioner, subject to certain limitations,

where a taxpayer introduces credible evidence with respect to a

factual issue relevant to ascertaining the taxpayer’s tax

liability if the taxpayer introduces credible evidence regarding

the issue.    See Ashley v. Commissioner, T.C. Memo. 2000-376.

Section 7491(a)(1) applies with respect to a factual issue only

if the requirements of section 7491(a)(2) are satisfied.     Section

7491(a)(2) requires that a taxpayer have maintained all records

required by the Internal Revenue Code, cooperated with reasonable

requests by the Secretary for witnesses, information, documents,
                              - 21 -

meetings, and interviews, and, if the taxpayer is a corporation,

satisfied the net worth requirements of section

7430(c)(4)(A)(ii).

      Respondent admits that petitioners have cooperated

throughout the examination.   However, respondent argues that

petitioners have not provided substantiation for certain Schedule

F expense deductions and that petitioners have not produced

credible evidence with respect to whether their exotic animal

breeding operation was an activity engaged in for profit.

      We do not need to decide whether petitioners have met all of

the requirements under section 7491 to shift the burden of proof

to respondent.   The outcome of this case is based on a

preponderance of the evidence and thus is unaffected by section

7491.   See Estate of Bongard v. Commissioner, 124 T.C. 95, 111

(2005) (citing Blodgett v. Commissioner, 394 F.3d 1030, 1035 (8th

Cir. 2005), affg. T.C. Memo. 2003-212, and Estate of Stone v.

Commissioner, T.C. Memo. 2003-309).

II.   Section 183(a) Deductions

      A.   In General

      Section 183(a) provides that if an activity is not engaged

in for profit, no deduction attributable to the activity shall be

allowed except as provided in section 183(b).     Section 183(b)(1)

authorizes a deduction for any expense that otherwise is

allowable, regardless of profit objective.   Section 183(b)(2)
                              - 22 -

authorizes a deduction for expenses that would be allowable if

the activity were engaged in for profit, but only to the extent

that gross income attributable to the activity exceeds the

deductions permitted by section 183(b)(1).   Section 183(c)

defines “activity not engaged in for profit” as “any activity

other than one with respect to which deductions are allowable for

the taxable year under section 162 or under paragraph (1) or (2)

of section 212.”

     Section 162 authorizes a deduction for the expenses of

carrying on an activity that constitutes a trade or business of

the taxpayer.   See sec. 162(a); sec. 1.183-2(a), Income Tax Regs.

To be engaged in a trade or business with respect to which

deductions are allowable under section 162, “the taxpayer must be

involved in the activity with continuity and regularity”, and

“the taxpayer’s primary purpose for engaging in the activity must

be for income or profit.”   Commissioner v. Groetzinger, 480 U.S.

23, 35 (1987); see also Warden v. Commissioner, T.C. Memo. 1995-

176, affd. without published opinion 111 F.3d 139 (9th Cir.

1997).

     Absent a stipulation to the contrary, see sec. 7482(b)(2),

this case is appealable to the Court of Appeals for the Tenth

Circuit, which has applied the dominant or primary objective

standard to test whether an alleged business activity is

conducted for profit.   Hildebrand v. Commissioner, 28 F.3d 1024,
                              - 23 -

1027 (10th Cir. 1994), affg. Krause v. Commissioner, 99 T.C. 132

(1992); Cannon v. Commissioner, 949 F.2d 345, 350 (10th Cir.

1991), affg. T.C. Memo. 1990-148;16 Oswandel v. Commissioner, T.C.

Memo. 2007-183.   Under the standard applied by the Court of

Appeals for the Tenth Circuit, petitioners must prove that the

dominant or primary objective of their exotic animal breeding

activity was to earn a profit.

     Section 1.183-2(b), Income Tax Regs., sets forth a

nonexclusive list of factors to be considered in determining

whether a taxpayer has the requisite profit objective.    The

factors are:   (1) The manner in which the taxpayer carries on the

activity; (2) the expertise of the taxpayer or his advisers; (3)

the time and effort expended by the taxpayer in carrying on the

activity; (4) the expectation that assets used in the activity

may appreciate in value; (5) the success of the taxpayer in

carrying on other similar or dissimilar activities; (6) the

taxpayer’s history of income or loss with respect to the

activity; (7) the amount of occasional profits, if any, which are

earned; (8) the financial status of the taxpayer; and (9)

     16
      In both Hildebrand v. Commissioner, 28 F.2d 1024, 1027
(10th Cir. 1994), affg. Krause v. Commissioner, 99 T.C. 132
(1992), and Cannon v. Commissioner, 949 F.2d 345, 350 (10th Cir.
1991), affg. T.C. Memo. 1990-148, the Court of Appeals for the
Tenth Circuit applied the dominant or primary objective test at
the partnership level in analyzing whether a partnership was
engaged in an activity for profit under sec. 183.
                              - 24 -

elements of personal pleasure or recreation.   No single factor is

determinative, and not all factors are applicable in every case.

See Allen v. Commissioner, 72 T.C. 28, 34 (1979); sec. 1.183-

2(b), Income Tax Regs.

     In making our evaluation of the foregoing factors, we may

consider evidence from years subsequent to the years in issue “to

the extent it may create inferences regarding the existence of a

profit motive in the earlier years.”   Hillman v. Commissioner,

T.C. Memo. 1999-255 (citing Hoyle v. Commissioner, T.C. Memo.

1994-592).   “[A]ctual profits or losses in those and subsequent

years have probative, although not determinative, significance in

such evaluation.”   Smith v. Commissioner, T.C. Memo. 1993-140.

     B.   Applying the Factors

          1.    The Manner in Which Petitioners Conducted the
                Activity

     In deciding whether a taxpayer has conducted an activity in

a businesslike manner, we consider whether complete and accurate

books and records were maintained, whether the activity was

conducted in a manner substantially similar to other activities

of the same nature that were profitable, and whether changes in

operating methods, adoption of new techniques, or abandonment of

unprofitable methods was done in a manner consistent with an

intent to improve profitability.   See Engdahl v. Commissioner, 72

T.C. 659, 666-667 (1979); sec. 1.183-2(b)(1), Income Tax Regs.
                              - 25 -

               a.   Petitioners’ Record Keeping

     Petitioners’ bookkeeper maintained books and records for ERE

using Quickbooks software.   The software produced financial

reports, including a general ledger.   Petitioners kept ERE’s

records separate from Dr. Knudsen’s medical practice records and

petitioners’ personal records.   Petitioners also maintained a

separate bank account for ERE.

     Although we are satisfied that petitioners kept financial

records of their breeding activity, we are not convinced that

petitioners’ record keeping represented anything other than an

effort to substantiate expenses claimed on their return.   As we

have held:

          The purpose of maintaining books and records is
     more than to memorialize for tax purposes the existence
     of the subject transactions; it is to facilitate a
     means of periodically determining profitability and
     analyzing expenses such that proper cost saving
     measures might be implemented in a timely and efficient
     manner. * * * [Burger v. Commissioner, T.C. Memo.
     1985-523 (citing Golanty v. Commissioner, 72 T.C. 411,
     430 (1979), affd. without published opinion 647 F.2d
     170 (9th Cir. 1981)), affd. 809 F.2d 355 (7th Cir.
     1987).]

Petitioners presented no evidence that their books and records

were used to review profitability or to implement cost-saving

measures.

     While a taxpayer need not maintain a sophisticated cost

accounting system, the taxpayer should keep records that enable

the taxpayer to make informed business decisions.   See Burger v.
                             - 26 -

Commissioner, 809 F.2d at 359.   For a taxpayer’s books and

records to indicate a profit motive, the books and records should

enable a taxpayer to cut expenses, increase profits, and evaluate

the overall performance of the operation.    See Abbene v.

Commissioner, T.C. Memo. 1998-330.

     Although petitioners kept extensive financial records, they

were not used to review and reduce expenses or to enhance the

possibility of generating income.    For example, Mrs. Knudsen

testified that a decision regarding termination of a breeding

line was made by considering whether an animal was producing

young and taking care of them.   Petitioners did not introduce any

evidence that they used their financial and breeding records to

determine whether a specific breed was profitable.    Further,

petitioners did not maintain records of revenues and expenses

associated with each animal or breed.    See, e.g., Steele v.

Commissioner, T.C. Memo. 1983-63 (failure to keep track of

expenses for each animal implies lack of profit motive).     Because

petitioners failed to use the existing books and records to

minimize their expenses or otherwise foster profitability, the

fact that they maintained records does not indicate that the

activity was carried on with a profit motive.    See Sullivan v.

Commissioner, T.C. Memo. 1998-367 (maintenance of records

generally not indicative of profit motive where evidence did not
                              - 27 -

show taxpayer used records to improve losing venture), affd.

without published opinion 202 F.3d 264 (5th Cir. 1999).

     Petitioners did not prove that their books and records were

kept or used in a businesslike manner.    In addition, petitioners

did not maintain ERE’s operational records in a businesslike

manner.   Petitioners could not make meaningful decisions

regarding their breeding activities from the incomplete

operational records they maintained.

                b.   Similarity to Other Activities of the Same
                     Nature

     Petitioners argue that the breeding of each species should

be evaluated as a separate activity.     They claim that each

breeding activity was conducted in a similar manner to

successful breeding activities.   However, petitioners did not

introduce credible evidence of which species were successfully

bred and how successful breeding activities were conducted.     See

Wesinger v. Commissioner, T.C. Memo. 1999-372; Filios v.

Commissioner, T.C. Memo. 1999-92, affd. 224 F.3d 16 (1st Cir.

2000); sec. 1.183-2(c), Example (4), Income Tax Regs.     Thus, we

are not in a position to evaluate whether petitioners’ exotic

animal breeding activity was conducted in a manner substantially

similar to that of other profitable animal breeding operations.

                c.   Changes Made To Foster Profitability

     Petitioners argue that several changes in operating methods

support their claim of a businesslike operation.     First,
                              - 28 -

petitioners claim that they eliminated unprofitable breeding

groups and expanded profitable breeding groups.    Second,

petitioners contend that they minimized the expenses of ERE by

performing necessary duties themselves.    For example, Mrs.

Knudsen learned to perform microchip implantation, and Dr.

Knudsen landscaped the property and attended to the animals’

health needs.   Finally, petitioners argue that they decreased

expenses by rotating the grazing pastures to reduce the amount of

hay purchased, by purchasing animals that could be housed in the

existing facilities, and by purchasing feed in bulk.

     Petitioners have not convinced us that the changes had a

material impact on ERE’s profitability.    See Golanty v.

Commissioner, supra at 428 (changes must be sufficient to alter

materially the prospects of making a profit).    The amounts of

petitioners’ losses did not decline despite petitioners’ claims

that they cut costs and eliminated unprofitable breeding groups.

Petitioners’ greatest losses were during 2000 and 2001, more than

10 years after starting their breeding activity.    Further,

petitioners did not expand or eliminate any breeding lines using

an economic analysis of the individual breeds.

     Finally, we note that petitioners’ marketing and sales

efforts have changed little since the inception of the activity.

Relatively little has been spent on advertising.    Cf. Burrow v.

Commissioner, T.C. Memo. 1990-621.     In fact, petitioners incurred
                                 - 29 -

advertising expenses during only 1 year of operation.      Despite

substantial losses each year, petitioners did not step up

advertising efforts to increase revenue from animal sales.

                  d.   Summary

     Under the facts and circumstances of this case, petitioners

did not conduct their exotic animal breeding activity in a

businesslike manner.

     This factor favors respondent’s position.

          2.      The Expertise of Petitioners or Their Advisers

     Preparation for an activity by extensive study of its

accepted business, economic, and scientific practices or

consultation with industry experts may indicate a profit motive

where the taxpayer carries on the activity in accordance with

such practices.    See sec. 1.183-2(b)(2), Income Tax Regs.    A

taxpayer’s efforts to gain experience and to follow expert advice

may indicate a profit motive.     See, e.g., Dworshak v.

Commissioner, T.C. Memo. 2004-249.

     Petitioners learned about exotic animal breeding by

attending seminars and conferences, reading books and scientific

journals, and consulting experienced breeders.    However,

petitioners did not present evidence that any of the experts they

contacted were experts in the economics of the exotic animal

breeding business or were successful in running such a business.

In addition, petitioners offered no evidence that the seminars
                              - 30 -

and conferences instructed them on how to run a successful animal

breeding business.   Petitioners did not consult a business

adviser, prepare budgets, or implement a business plan.

Petitioners may have become well educated in exotic animal

breeding, but they did not establish an acquired expertise in

operating a profitable animal breeding business.

     On several occasions, petitioners failed to investigate the

profitability of a breed before purchasing an animal.    Mrs.

Knudsen purchased two Clydesdale horses without knowing what the

selling price of their offspring would be, and she purchased

other animal breeds that were unfit for the Kansas climate.     In

addition, Mrs. Knudsen purchased animals without receiving any

health information on them.

     On balance, we conclude that petitioners did not have, and

did not acquire from others, expertise in the economics of the

exotic animal breeding business.

     This factor favors respondent’s position.

           3.   Petitioners’ Time and Effort Devoted to the
                Activity

     The fact that a taxpayer devotes personal time and effort to

carry on an activity may indicate an intention to derive a

profit, particularly where there are no substantial personal or

recreational elements associated with the activity.     See Daley v.

Commissioner, T.C. Memo. 1996-259; sec. 1.183-2(b)(3), Income Tax

Regs.   A taxpayer’s withdrawal from another occupation to devote
                               - 31 -

most of his energies to the activity may be evidence that the

activity was engaged in for profit.     See sec. 1.183-2(b)(3),

Income Tax Regs.

     Respondent does not dispute that Mrs. Knudsen devoted a

substantial amount of time and effort to petitioners’ exotic

animal breeding activity.    However, respondent argues that Mrs.

Knudsen gained personal satisfaction from spending time with the

animals, and thus, the significant amount of time and effort she

spent with them does not evidence a profit objective.

     Although Mrs. Knudsen gained enjoyment from her animals,

many of her duties were not personal or recreational.      For

example, Mrs. Knudsen cleaned stalls and cages, disposed of

animal waste and carcasses, and cared for animals during the

night.    The fact that a taxpayer derives some personal

satisfaction from a business does not turn it into a hobby.

Jackson v. Commissioner, 59 T.C. 312, 317 (1972); Giles v.

Commissioner, T.C. Memo. 2006-15; McKeever v. Commissioner, T.C.

Memo. 2000-288.

     Mrs. Knudsen operated and managed ERE.17    Although she worked

part time in Dr. Knudsen’s medical practice, Mrs. Knudsen devoted

substantial amounts of her time to ERE.     In addition to Mrs.

Knudsen’s labor, ERE hired several employees to help maintain the

     17
      During a brief period, ERE hired a manager to help Mrs.
Knudsen manage ERE.
                              - 32 -

breeding operation.   Petitioners employed two full-time workers

at ERE and hired additional employees during the summer to help

with the upkeep of the facilities.     Because of the sensitive

nature of the birds, Mrs. Knudsen was their primary caretaker.

Generally, Mrs. Knudsen trained only one employee to help handle

and feed the birds.   ERE also used a bookkeeper to maintain ERE’s

accounting records, but Mrs. Knudsen was responsible for keeping

ERE’s operational records.

     Along with her duties at ERE, Mrs. Knudsen devoted a

significant amount of time to the various organizations to which

ERE belonged.   ERE, through Mrs. Knudsen, belonged to over 10

organizations dedicated to animal breeding.     Mrs. Knudsen became

active in several of these organizations.

     Dr. Knudsen devoted most of his time to his medical

practice.   However, he spent about 15 to 20 hours per week during

some months landscaping the property and handling the animals’

health needs.   Dr. Knudsen’s participation in ERE was not

immaterial.

     The time and effort petitioners spent on their exotic animal

breeding activity supports their contention of profit motivation.

Although petitioners enjoyed breeding exotic animals, on balance

we conclude that petitioners’ time and effort favor their

contention that the activity was engaged in for profit.     See sec.

1.183-2(b)(3), Income Tax Regs.
                              - 33 -

     This factor favors petitioners’ position.

          4.    The Expectation That Assets Used in the Activity
                Would Appreciate in Value

     The term “profit” encompasses revenue from operations and

appreciation in the value of assets such as land.   Sec. 1.183-

2(b)(4), Income Tax Regs.

     Thus, the taxpayer may intend to derive a profit from
     the operation of the activity, and may also intend
     that, even if no profit from current operations is
     derived, an overall profit will result when
     appreciation in the value of land used in the activity
     is realized since income from the activity together
     with the appreciation of land will exceed expenses of
     operation. * * * [Id.]

     Petitioners argue that their expectation of profit is

evidenced by the fact that a gross profit will be produced upon

the sale of a third offspring.   This argument is not supported by

credible evidence.   For example, petitioners’ depreciation

schedule reflects that they purchased one blue and gold macaw for

$750 in 1997.   Yet, in 2000, petitioners sold three blue and gold

macaws for $750.

     Respondent claims that petitioners could not have expected

ERE’s assets to appreciate so much in value as to produce an

overall profit because ERE’s current operating expenses each year

exceeded its gross receipts by a wide margin.    Respondent points

out that petitioners could not realize an overall profit even if

ERE’s property appreciated.
                               - 34 -

     We agree with respondent.    During 2000 and 2001, ERE’s

current operating expenses significantly exceeded its gross

receipts.    The cost to feed the animals alone exceeded the

revenue from animal sales in the above years.    Despite the rising

costs, petitioners continued to acquire more animals, spending

$97,797 on livestock purchases in 2000 and 2001.    Petitioners

could not have reasonably expected an overall profit from their

breeding activity.

     Moreover, petitioners could not have expected that any

appreciation in ERE’s land would offset the losses.    According to

petitioners’ financial statement for 2000, ERE’s assets had an

adjusted basis of $1,353,009, and ERE’s land and improvements had

an appraised current value of $109,260.

     Petitioners are correct that they need prove only a bona

fide expectation of profit.    However, ERE’s enormous losses

relative to its gross receipts lead us to conclude that

petitioners could not have reasonably believed their breeding

activity would result in an overall future profit.

     This factor favors respondent’s position.

            5.   Petitioners’ Past Success in Other Activities

     The fact that a taxpayer has engaged in similar activities

and converted them from unprofitable to profitable enterprises

may indicate that the taxpayer is engaged in the present activity
                                 - 35 -

for a profit, even though the activity is presently unprofitable.

See sec. 1.183-2(b)(5), Income Tax Regs.

     Petitioners presented no evidence of experience in the

animal breeding business before ERE.      However, petitioners argue

that Dr. Knudsen’s successful medical practice evidences

petitioners’ expectation that ERE could be successful.

     Although Dr. Knudsen’s medical practice was profitable, Dr.

Knudsen’s success relates to his extensive education and training

in the medical profession.     In addition, the record does not

indicate whether Dr. Knudsen’s medical practice was converted

from an unprofitable to a profitable business.     Thus, we are

unable to conclude that petitioners’ success with Dr. Knudsen’s

medical practice is probative of petitioners’ profit motive with

regard to ERE.

     This factor is neutral.

           6.      Petitioners’ History of Income or Loss From the
                   Activity

     A taxpayer’s history of income or loss with respect to any

activity may indicate the presence or absence of a profit

objective.      See Golanty v. Commissioner, 72 T.C. at 426; sec.

1.183-2(b)(6), Income Tax Regs.     “[A] series of startup losses or

losses sustained because of unforeseen circumstances beyond the

control of the taxpayer may not indicate a lack of profit

motive.”   Kahla v. Commissioner, T.C. Memo. 2000-127 (citing

Engdahl v. Commissioner, 72 T.C. at 669, and sec. 1.183-2(b)(6),
                                  - 36 -

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

        18
      The record does not contain financial information for the
years before 1995. Petitioners introduced no evidence of any net
                                                   (continued...)
                              - 37 -

period, petitioners reported gross receipts of $442,740.    The

magnitude of petitioners’ losses in comparison with their

revenues is an indication that petitioners did not have a profit

motive.   See Dodge v. Commissioner, T.C. Memo. 1998-89 (citing

Burger v. Commissioner, 809 F.2d at 360).

     This factor favors respondent’s position.

          7.   The Amount of Occasional Profits Generated by the
               Activity

     The amount of profits earned in relation to the amount of

losses incurred, the amount of the investment, and the value of

the assets in use may indicate a profit objective.   See sec.

1.183-2(b)(7), Income Tax Regs.   The opportunity to earn

substantial profits in a highly speculative venture may be

sufficient to indicate that the activity is engaged in for profit

even though only losses are produced.   See id.   In determining

whether the taxpayer entered into the activity for profit, a

small chance of making a large profit may indicate the requisite

profit objective.   See id.

     Petitioners argue that the Court should consider the gross

profits realized from the sales of animals.   However, petitioners

did not introduce evidence that the animals sales produced a

profit before operational expenses of ERE were taken into

     18
      (...continued)
profit earned during 1989 through 1994.
                                - 38 -

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

      19
       Petitioners did not offer evidence enabling us to
calculate the profit or loss from each sale or from the aggregate
sales.
      20
      During 2000 and 2001, petitioners incurred losses totaling
$901,469.
                                - 39 -

of profit motive, particularly where there are elements of

personal pleasure or recreation involved.   See id.

     Petitioners derived a substantial amount of income from Dr.

Knudsen’s medical practice.   During 2000 and 2001, petitioners

reported $1,710,626 in wages from Dr. Knudsen’s medical practice.

Although petitioners were able to reduce their taxable income by

$355,239 in 2000 and 2001 because of their exotic animal breeding

activity,21 this tax benefit resulting from the activity does not

prove the absence of a profit motive.    See Engdahl v.

Commissioner, 72 T.C. at 670.    It is, however, a factor to be

considered.   See Golanty v. Commissioner, 72 T.C. at 429.

     Petitioners had sufficient financial means apart from ERE to

continue their exotic animal breeding activity at a loss.    Dr.

Knudsen’s medical practice provided the funds to continue ERE’s

operations.   Many deposits into ERE’s bank account consisted of

checks drawn from Dr. Knudsen’s medical practice.

     Petitioners’ substantial income from Dr. Knudsen’s medical

practice, which was offset by ERE’s losses, supports a conclusion

that petitioners lacked the required profit motive.

     This factor favors respondent’s position.



     21
      From 1995 to 2002, petitioners used their losses from ERE
to reduce their Federal income tax liability by $1,145,944.
                                - 40 -

            9.    Elements of Personal Pleasure or Recreation

     The existence of personal pleasure or recreation relating to

the activity may indicate the absence of a profit objective.          See

sec. 1.183-2(b)(9), Income Tax Regs.     An activity will not be

treated as not engaged in for profit merely because the taxpayer

has purposes or motivations other than to make a profit.        Id.

        Petitioners argue that although they derived some pleasure

from operating ERE, many important duties were not for pleasure

or recreation.     Respondent argues that the improvements to ERE’s

facilities were lavish and made only for the enjoyment of

petitioners.     Respondent also points to the fact that Mrs.

Knudsen treated the animals like house pets.

        We agree with respondent that elements of personal pleasure

and recreation were present in petitioners’ exotic animal

breeding activity.     However, as we stated above, some component

of personal pleasure does not negate a bona fide profit motive.

“[A] business will not be turned into a hobby merely because the

owner finds it pleasurable; suffering has never been made a

prerequisite to deductibility.     ‘Success in business is largely

obtained by pleasurable interest therein.’”     Jackson v.

Commissioner, 59 T.C. at 317 (quoting Wilson v. Eisner, 282 F.

38, 42 (2d Cir. 1922)); see also sec. 1.183-2(b)(9), Income Tax

Regs.
                               - 41 -

     In addition to caring for the animals, petitioners spent a

significant amount of time maintaining and improving ERE’s

facilities.   Mrs. Knudsen regularly performed duties that were

not pleasurable or recreational, such as cleaning animal cages

and stalls and disposing of animal carcasses.    As a result of her

duties, she also suffered several physical injuries.    Dr. Knudsen

personally did most of the landscaping on the property to provide

the animals with a natural habitat.

     The record does not contain evidence that petitioners’

facilities were extravagant or that they were not constructed for

the benefit of the animals.    Petitioners maintained their

property in accordance with USDA regulations.    In addition,

petitioners constructed a home on the property, at least in part,

to enable them to care for their animals.

     Although petitioners derived some pleasure from their exotic

animal breeding activity, we conclude that petitioners were not

engaged in the activity solely for personal pleasure or

recreation.

     This factor is neutral.

     C.   Conclusion

     After considering the factors listed in section 1.183-2(b),

Income Tax Regs., all contentions presented by the parties, and

the unique facts and circumstances of this case, we conclude that

petitioners did not enter the exotic animal breeding activity
                               - 42 -

with a primary objective of realizing a profit.    We hold that

petitioners’ exotic animal breeding activity during the years in

issue was not an activity engaged in for profit within the

meaning of section 183.

III.   Respondent’s Alternative Position

        Respondent argues that if we find that petitioners’ exotic

animal breeding activity was conducted for profit, petitioners’

claimed Schedule F expense deductions on their 2000 and 2001

income tax returns should be reclassified as capital expenses and

depreciated, and certain expenses should be disallowed for lack

of substantiation.    Because we find that petitioners’ exotic

animal breeding activity was not an activity engaged in for

profit during 2000 and 2001, we need not address respondent’s

alternative position.

       To reflect the foregoing,


                                                Decision will be

                                           entered for respondent.
