Tolbert S. Wilkinson and Suzanne T. Wilkinson - Page 9

                                          9                                           
          Mendoza are very similar to those before us today.  The taxpayer            
          in that case was an attorney who claimed that his polo activity             
          was conducted to obtain clients.  We found that any benefit to              
          the legal practice from the polo activity was at best incidental.           
               We make a similar holding today.  Petitioner has failed to             
          establish any correlation between the ranching activity and the             
          medical corporation.  We think it is significant that the three             
          parcels of land making up petitioners' farm or ranch were                   
          purchased separately by them, were apparently never conveyed to             
          the Institute to augment its assets, nor merged into the                    
          Institute's accounts, and the losses therefrom were claimed in              
          petitioners' tax returns as a deduction, without reference to the           
          Institute.  The only connection between petitioner's ranch                  
          activity and the medical practice of the Institute was the rather           
          vague assertion by petitioner that the publicity he derived from            
          playing polo helped him get patients for his cosmetic surgery.              
          Such argument was not supported by any patient of petitioner or             
          by any other witness or evidence herein.  To us, it is at least             
          as far fetched and unconvincing as was the alleged connection               
          between a legal practice and polo in De Mendoza v. Commissioner,            
          supra.                                                                      
          B.  The Conduct of the Ranch for Profit                                     
               We must decide whether petitioners conducted their ranching            
          and ranching-related activities with a profit objective for the             
          1989 and 1990 tax years.  To meet his burden, Rule 142(a),                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011