- 20 - For the 9 years for which we have petitioner's tax returns, petitioner's nonfarm income exceeds her farm losses by only $14,174. Petitioner's farm losses have generated substantial tax benefits. This factor favors respondent. 9. Elements of Personal Pleasure The presence of recreational or personal motives in conducting an activity may indicate that the taxpayer is not conducting the activity for profit. Sec. 1.183-2(b)(9), Income Tax Regs.; see Faulconer v. Commissioner, 748 F.2d at 901; Jackson v. Commissioner, 59 T.C. 312, 317 (1972) (suffering is not a prerequisite to deductibility). However, for losses from an activity to be deductible, the taxpayer's objective in conducting the activity must be to realize a profit. Bessenyey v. Commissioner, 45 T.C. at 274. Petitioner testified that she did not farm for fun, but we think the objective facts show otherwise. She suggested no reason other than enjoyment to explain why she conducted an activity which lost money for 36 out of 37 years. This factor favors respondent. C. Conclusion While no one factor controls, Abramson v. Commissioner, 86 T.C. at 371, we find it significant that petitioner's farm had a long history of losses, that petitioner derived substantial tax benefits from these losses, and that petitioner left her farm inPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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