- 27 -                                         
             Single Activity                                                          
                  In order to apply section 183 and the regulations                   
             promulgated thereunder, the activity or activities of the                
             taxpayer must be ascertained.  Sec. 1.183-1(d)(1), Income                
             Tax Regs.  According to the regulations under section 183,               
             in ascertaining the activity or activities of the taxpayer,              
             the general rule is that all the facts and circumstances                 
             of the case must be taken into account.  Id.  The regula-                
             tions provide as follows:                                                
                  Generally, the most significant facts and                           
                  circumstances in making this determination                          
                  are the degree of organizational and economic                       
                  interrelationship of various undertakings, the                      
                  business purpose which is (or might be) served by                   
                  carrying on the various undertakings separately                     
                  or together in a trade or business or in an                         
                  investment setting, and the similarity of various                   
                  undertakings.  Generally, the Commissioner will                     
                  accept the characterization by the taxpayer of                      
                  several undertakings either as a single activity                    
                  or as separate activities.  The taxpayer's                          
                  characterization will not be accepted, however,                     
                  when it appears that his characterization is                        
                  artificial and cannot be reasonably supported                       
                  under the facts and circumstances of the case.                      
                  * * * [Id.]                                                         
                  Petitioners treat their fish, Christmas tree, timber,               
             and row crop undertakings as a single activity for section               
             183 purposes.  Respondent does not suggest otherwise.                    
             Given the economic and organizational interrelationship of               
Page:  Previous   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   NextLast modified: May 25, 2011