Charles H. Butler and Judith K. Butler - Page 21

                                                - 21 -                                                   

            the farming activity and the holding of the land cannot be                                   
            construed to be a single activity.  Petitioners may not utilize                              
            the appreciation of the land to support their argument that it                               
            should offset the farming losses.  See also Hoyle v.                                         
            Commissioner, T.C. Memo. 1994-592.  In that regard, we find that                             
            petitioners’ expenditures and primary intent were, as evidenced                              
            by the nature of their activity and claimed losses, attributable                             
            to farming rather than improvement of the realty.                                            
                  The Success of the Taxpayers in Carrying On Other                                      
            Activities.  Petitioners did not present any evidence that they                              
            had been previously engaged in farming activities, or similar                                
            activities.  Petitioner husband was successful in his                                        
            professional activities, but there is no showing that he employed                            
            his fiscal and financial experience from his professional                                    
            activity in his farming activity.                                                            
                  Amount of Occasional Profit.  Petitioners have not earned                              
            any profit from the farming activity during any of the years                                 
            about which there is evidence in the record.                                                 
                  The Financial Status of the Taxpayers.  Substantial income                             
            from sources other than the activity in question, especially if                              
            the losses generate significant tax benefits, may indicate that                              
            the activity is not engaged in for profit.  Sec. 1.183-2(b)(8),                              








Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011