Kenneth E. Perry and Mary A. Hofer - Page 17

                                       - 17 -                                         

             Single Activity                                                          
                  Before determining whether, and to what extent,                     
             section 183 and the regulations thereunder apply, the                    
             activity or activities of the taxpayer must be ascertained.              
             Sec. 1.183-1(d)(1), Income Tax Regs.  In making this                     
             determination, the general rule is that we must take all                 
             the facts and circumstances of the case into account.                    
             Id.  The regulations provide as follows:                                 

                  In ascertaining the activity or activities of                       
                  the taxpayer, all the facts and circumstances of                    
                  the case must be taken into account.  Generally,                    
                  the most significant facts and circumstances in                     
                  making this determination are the degree of                         
                  organizational and economic interrelationship                       
                  of various undertakings, the business purpose                       
                  which is (or might be) served by carrying on                        
                  the various undertakings separately or together                     
                  in a trade or business or in an investment                          
                  setting, and the similarity of various under-                       
                  takings.  Generally, the Commissioner will accept                   
                  the characterization by the taxpayer of several                     
                  undertakings either as a single activity or as                      
                  separate activities.  The taxpayer's characteri-                    
                  zation will not be accepted, however, when it                       
                  appears that his characterization is artificial                     
                  and cannot be reasonably supported under the                        
                  facts and circumstances of the case.  [Id.]                         

                  Petitioners characterize all of the undertakings                    
             relating to their horse breeding and boarding, including                 
             holding the land on which those undertakings were                        
             conducted, as a single activity for section 183 purposes.                
             Respondent, on the other hand, contends that petitioners'                





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