Terry F. and Carol J. Zdun - Page 16

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               Petitioner's testimony indicates that his preparation for              
          the apple orchard activity was casual, intermittent, and short-             
          term, rather than extensive.  Petitioner did not mention how                
          attending the shows, exhibits, course on pruning trees, or                  
          conversations with his neighbor in any way aided petitioners in             
          making the apple orchard activity profitable.  Furthermore, there           
          is no evidence in the record that petitioners conducted a                   
          thorough investigation into the profitability of their apple                
          orchard activity.  They did not present evidence that they had a            
          business plan, or that they had made projections of revenue,                
          expenses, or profits that they expected would be generated by the           
          apple orchard activity.  It is unlikely that one would incur such           
          substantial expenses with respect to an activity, which he or she           
          intends to be profitable, without first making a complete                   
          investigation of how to do so.  Pederson v. Commissioner, T.C.              
          Memo. 1994-555.  Accordingly, we find this factor weighs against            
          petitioners.                                                                
               Third, the time and effort expended by the taxpayer in                 
          carrying on the activity is an indication of whether a profit               
          motive existed.  Sec. 1.183-2(b)(3), Income Tax Regs.                       
          Petitioners did expend time on their apple orchard activity as              
          Mrs. Zdun testified that she spent 4 hours each day during the              
          apple season, and petitioner testified that he spent between 500            
          and 600 hours per year.  Although the time that petitioners spent           





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