Charles H. Butler and Judith K. Butler - Page 2

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            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.                                                              




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