Charles H. Butler and Judith K. Butler - Page 20

                                                - 20 -                                                   

            had sufficiently increased in weight, they would be sold at                                  
            auction.  Petitioners also asserted that their livestock would                               
            increase in size and value through breeding.  The record does not                            
            support petitioners' assertions.                                                             
                  Section 1.183-1(d)(1), Income Tax Regs., provides that                                 
                  Where land is purchased or held primarily with the                                     
                  intent to profit from increase in its value, and the                                   
                  taxpayer also engages in farming on such land, the                                     
                  farming and the holding of the land will ordinarily be                                 
                  considered a single activity only if the farming                                       
                  activity reduces the net cost of carrying the land for                                 
                  its appreciation in value.  Thus, the farming and                                      
                  holding of the land will be considered a single                                        
                  activity only if the income derived from farming                                       
                  exceeds the deductions attributable to the farming                                     
                  activity which are not directly attributable to the                                    
                  holding of the land (that is, deductions other than                                    
                  those directly attributable to the holding of the land                                 
                  such as interest on a mortgage secured by the land,                                    
                  annual property taxes attributable to the land and                                     
                  improvements, and depreciation of improvements to the                                  
                  land).                                                                                 
            In that regard, petitioners' gross income derived from their                                 
            farming activity for the taxable years 1991, 1992, and 1993, was                             
            $715, $1,919, and zero, respectively.6  Petitioners' car and                                 
            truck expenses for the taxable years, 1991, 1992, and 1993, were                             
            $2,601, $7,124, and $3,724, respectively.  The nominal income                                
            from the farming activity fell far short of the deductions                                   
            attributable to the farming activity (e.g., the car and truck                                
            expenses).  Sec. 1.183-1(d)(1), Income Tax Regs.  Accordingly,                               


                  6 Petitioners entered a loss of $600 for gross income                                  
            derived from their farming activity for the 1993 taxable year.                               




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