- 18 - that the Johnstons could easily afford to operate the farm activity at a loss. This fact alone, however, is not overly persuasive, because "As long as tax rates are less than 100 percent, there is no 'benefit' in losing money." Engdahl v. Commissioner, 72 T.C. at 670. Finally, the following factors are indicative of a profit motive. The parties stipulated that petitioners conducted their farm activity in a businesslike manner, maintained accurate books and records, hired expert advisers, employed competent farmhands, and had personal experience in the activity in question. The parties further stipulated that Gillian Johnston regularly performed hard manual and menial labor at Bendabout, including feeding and grooming horses, mucking out stalls, and cleaning barns. Respondent further concedes that petitioners responded to setbacks at the farm and tried to make corrective changes in its overall operations, including changing management two or three times and trying to increase the value of Bendabout's brood mares by breeding them to good pedigreed stallions in New York and Kentucky, such as D'Accord and Java Gold, both of which had good stud records. Moreover, a taxpayer's regular experimentation with new sources of revenue is further evidence of a profit motive. Hoyle v. Commissioner, T.C. Memo. 1994-592. Here, petitioners continued to seek out the most profitable uses for the farm,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011