- 38 - 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 engagedPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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