Terry F. and Carol J. Zdun - Page 19

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               those directly attributable to the holding of the land                 
               such as interest on a mortgage secured by the land,                    
               annual property taxes attributable to the land and                     
               improvements, and depreciation of improvements to the                  
               land).                                                                 
               It is clear from petitioners' Schedules F that the costs               
          attributed to the orchard activity (apart from those directly               
          attributable to the holding of the land) substantially exceed the           
          income from the apple sales.  Thus, petitioners do not satisfy              
          the test set forth in section 1.183-1(d), Income Tax Regs., for             
          combining their farming activity with their holding of the land             
          into a single profit-motivated activity.  We find that this                 
          factor weighs against petitioners.                                          
               Fifth, the fact that the taxpayer has engaged in similar               
          activities in the past and converted them from unprofitable to              
          profitable enterprises may indicate that he is engaged in an                
          activity for profit even though the activity is presently                   
          unprofitable.  Sec. 1.183-2(b)(5), Income Tax Regs.  Petitioners            
          have never before engaged in commercial farming of any type.  We            
          find that this factor weighs against petitioners.                           
               The taxpayer's history of income, losses, and occasional               
          profits with respect to an activity can be indicative of a profit           
          objective.  Sec. 1.183-2(b)(6) and (7), Income Tax Regs.  The               
          presence of losses in the formative years of a business is not              
          inconsistent with an intention to achieve a later profitable                
          level of operation, bearing in mind, however, that the goal must            




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