- 8 - A: I can't answer that, but the expenses could fall to a certain point. Depends on -- you know, it depends on what breaks down, or -- THE COURT: Or they could go up. THE WITNESS: Or it could go up. Way up. I can't make a statement saying they will fall, or that they will go up. I can't say that. In determining a taxpayer's profit motive, it is not crucial that the expectation of profit be a reasonable one; it is enough that the taxpayer has a bona fide expectation of realizing a profit. However, a record of continued losses over a series of years, or the unlikelihood of achieving a profitable operation, may be an important factor bearing on the taxpayer's true intentions. Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d. Cir. 1967). We note that it has been recognized that: If losses, or even repeated losses, were the only criterion by which farming is to be judged a business, then a large proportion of the farmers of the country would be outside the pale. It is the expectation of gain, and not gain itself which is one of the factors which enter into the determination of the question. * * * [Riker v. Commissioner, 6 B.T.A. 890, 893 (1927).] Nevertheless, even in the case of farmers or ranchers, it is to be borne in mind that the goal must be to realize a profit on one's entire operation. This presupposes not only future net earnings, but also sufficient net earnings to recoup losses whichPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011