Robert E. and Carloyn S. Holmes - Page 37

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             (6)  History of Income or Loss With Respect to the Activity              
                  Section 1.183-2(b)(6), Income Tax Regs., provides in                
             pertinent part as follows:                                               

                  A series of losses during the initial or start-up                   
                  stage of an activity may not necessarily be an                      
                  indication that the activity is not engaged in                      
                  for profit.  However, where losses continue to be                   
                  sustained beyond the period which customarily is                    
                  necessary to bring the operation to profitable                      
                  status such continued losses, if not explainable,                   
                  as due to customary business risks or reverses,                     
                  may be indicative that the activity is not being                    
                  engaged in for profit.  If losses are sustained                     
                  because of unforeseen or fortuitous circumstances                   
                  which are beyond the control of the taxpayer,                       
                  such as drought, disease, fire, theft, weather                      
                  damages, other involuntary conversions, or                          
                  depressed market conditions, such losses would                      
                  not be an indication that the activity, is not                      
                  engaged in for profit.  * * *                                       

                  Petitioners reported significant losses during each                 
             of the years in issue.  Petitioners make the general                     
             contention that these losses were caused by "unanticipated               
             start-up expenses, drought, deer damage, and other unusual               
             and unexpected circumstances."  However, petitioners make                
             no attempt to quantify the losses that they claim are                    
             attributable to each of these causes.  For example,                      
             petitioners do not enumerate specifically what startup                   
             expenses were unanticipated.  Similarly, the record does                 
             not state whether the drought to which petitioners make                  
             reference took place during the years in which they planted              





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