Harold W. and Julia A. Kahla - Page 15




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          activity may indicate a lack of profit motive.  See Burger v.               
          Commissioner, 809 F.2d 355, 359 (7th Cir. 1987), affg. T.C. Memo.           
          1985-523.                                                                   
               Petitioner grew up on his parents’ cattle ranch; he learned            
          firsthand the basics of raising and breeding cattle.  He spent              
          considerable time consulting with the USDA Soil Conservation                
          Service, as well as State game and wildlife agencies.  In addition,         
          he is an experienced deer hunter.  Consequently, he possessed a             
          substantial level of expertise regarding cattle and deer.                   
               However, the fact that petitioner had knowledge of cattle and          
          deer, and that technical noneconomic experts were consulted, does           
          not indicate that petitioners engaged in their cattle-raising and           
          deer operations for profit.  See Hillman v. Commissioner, supra.            
          Considering all the years of losses, petitioners did little to              
          demonstrate an expertise for the economics of these operations.             
               3.  Time and Effort Expended in the Activity                           
               The fact that a taxpayer devotes much of his or her personal           
          time and effort in carrying on an activity, particularly if the             
          activity does not have substantial recreational aspects, may                
          indicate a profit motive.  See sec. 1.183-2(b)(3), Income Tax Regs.         
               Petitioner spent approximately 40 percent of each year on both         
          ranches; Mrs. Kahla spent approximately 10 percent.  The record             
          does not indicate the proportion of time spent on each ranch during         
          the years in issue or the amount of personal effort each expended           






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