- 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 ofPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011