Robert E. and Carloyn S. Holmes - Page 32

                                       - 32 -                                         

             in the ponds to help fish survive, and placed property in                
             Government subsidy programs.  Petitioners also abandoned                 
             their efforts to raise a crop on their land altogether                   
             after they realized it would be unprofitable to do so.                   

             (2)  Expertise of the Taxpayer or His Advisers                           
                  Section 1.183-2(b)(2), Income Tax Regs., provides in                
             pertinent part as follows:                                               

                  Preparation for the activity by extensive study                     
                  of its accepted business, economic, and scien-                      
                  tific practices, or consultation with those who                     
                  are experienced therein, may indicate that the                      
                  taxpayer has a profit motive where the taxpayer                     
                  carries on the activity in accordance with such                     
                  practices.  * * *                                                   

                  Although Mrs. Holmes lived on a farm as a child and                 
             petitioner occasionally worked on his father's farm,                     
             neither of them had any professional experience in farming.              
             However, petitioner did consult with neighboring farmers,                
             the local ASC office, and his accountant prior to                        
             commencing his farming activities.  Petitioner also had                  
             some limited experience in growing, harvesting and selling               
             Christmas trees and timber.  Finally, petitioner testified               
             that he attended at least one seminar at the Michigan State              
             Biological Station on raising fish and regularly read local              
             trade magazines.                                                         






Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011