3 formed a proprietorship (the nursery) to rent the land from FCC and grow ligustrum trees for resale. Petitioners expected the trees to mature and be ready for resale in approximately 3 years. Instead, the trees were afflicted with continuous problems including freezes, disease, and inadequate care. Petitioner testified that he was not properly equipped to care for his nursery and, as a result, has not been able to prepare the trees for resale. Despite the substantial time petitioners devoted to the nursery, at the time of trial they had not sold one tree. On their 1986 joint Federal income tax return, petitioners depreciated a truck, a farm tractor, a trailer and cart, security equipment, and two cars. The remainder of expenses attributable to the nursery was currently deducted on petitioners' Schedule F. These expenses included chemicals, rent paid for the FCC's land, seeds and plants, supplies, taxes, utilities, gasoline, repairs and maintenance, insurance, fertilizers, and labor. Petitioners continued to deduct similar expenses on their 1987 through 1990 returns. Petitioners have not received the approval of the Internal Revenue Service (IRS) to amend their treatment of the expenses deducted. Farmers, like taxpayers in any other type of business, may deduct their ordinary and necessary business expenses under section 162. The farming business includes the operation of a nursery and the raising of ornamental trees such as petitioners'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