Barry D. and Suzanne B. Whalley - Page 44

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          purchased for customers who bought lamb from his ranch, even                
          though he reported Schedule F income of only $475 for 1991.  The            
          losses arising from such deductions were used to offset Mrs.                
          Whalley's significant salary from her employment as a police                
          lieutenant.  Based on the record and the testimony presented at             
          trial, petitioners' claim that the Schedule F losses were                   
          incurred in an activity having a bona fide profit motive exceeds            
          the bounds of credibility.                                                  
          G. Amount of Occasional Profits Earned, If Any                              
               If an activity generates only small, infrequent profits and            
          typically generates large losses, the taxpayer conducting the               
          activity may be less likely to have a profit objective.  Golanty            
          v. Commissioner, 72 T.C. 411, 427 (1979), affd. without published           
          opinion 647 F.2d 170 (9th Cir. 1981); sec. 1.183-2(b)(7), Income            
          Tax Regs.                                                                   
               Petitioners' farm activity has never shown a profit.  In               
          fact, petitioners' expenses have greatly exceeded their revenue.            
          For example, for the taxable years in issue, their revenues from            
          the activity were between $475 and $1,050, respectively, while              
          their expenses were between $28,327 and $37,747, respectively.              
          In short, this factor weighs against petitioners' assertion that            
          they operated the farm activity with the intent to turn a profit.           
               H. Taxpayer's Financial Status                                         
               Substantial income from sources other than the activity may            
          indicate that the activity is not engaged in for profit.                    




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