- 2 - The principal issue presented for our consideration is whether petitioners' operation of a farm was an activity not engaged in for profit within the meaning of section 183.1 If we find the activity was not engaged in for profit, then we must decide whether legal expenses incurred by petitioners may be deducted under section 162 or 212 as ordinary and necessary expenses incurred with respect to property held for investment.2 FINDINGS OF FACT3 At the time of the filing of their petition, petitioners Charles H. Butler and Judith K. Butler resided in Pescadero, California. Charles H. Butler (hereinafter referred to as petitioner husband) was an engineer who designed power plants. Petitioner husband possessed bachelor's and master's degrees in engineering. Judith K. Butler (hereinafter referred to as petitioner wife) graduated from high school. 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 Petitioners conceded adjustments in the amounts of $1,805 and $423 with respect to their real properties at Arnold Way, Half Moon Bay, Cal., and Stage Road, Pescadero, Cal., and respondent has conceded that in the 1993 taxable year petitioners are entitled to an additional deduction of $4,859, which represents a portion of a 1992 passive activity loss adjustment. 3 The parties' stipulation of facts and exhibits are incorporated by this reference.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