Stanley M. Kurzet and Anne L. Kurzet - Page 38

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            factor may be more significant than the superficial presence of                           
            other factors.  Id.                                                                       
                  Citing Richmond Television Corp. v. United States, 345 F.2d                         
            901, 907 (4th Cir. 1965), vacated on other grounds 382 U.S. 68                            
            (1965), respondent argues that even if, in later years, the                               
            timber farm constituted a trade or business or for-profit                                 
            activity, because of petitioners' failure to cut and sell any of                          
            the timber during the years in issue, petitioners' activity with                          
            regard to the timber farm should be regarded only as startup                              
            activity, not activity of an existing trade or business or for-                           
            profit activity.  Respondent's argument seems to be based on the                          
            assertion that to be treated as a current for-profit activity,                            
            the timber farm must have generated current income during the                             
            years before us.                                                                          
                  We disagree with respondent’s arguments as to the timber                            
            farm.  In each year, the trees on petitioners' timber farm were                           
            increasing in size, width, volume, and, generally, in value                               
            depending on market prices for cut timber.                                                
                  As the U.S. Dept. of Agriculture’s Forest Owners’ Guide To                          
            Timber Investments, The Federal Income Tax, and Tax                                       
            Recordkeeping, No. 681 (1989), explains with regard to timber                             
            growing activity, a timber farm activity may be regarded as a                             
            current for-profit activity --                                                            

                  even if the property is currently producing no income --                            
                  provided that the timber growing activity is being engaged                          




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