- 19 - Under its terms, the above rule applies only where "land is purchased or held primarily with the intent to profit from increase in its value". See Engdahl v. Commissioner, 72 T.C. 659, 668 n.4 (1979); Eldridge v. Commissioner, T.C. Memo. 1995-384; Hoyle v. Commissioner, T.C. Memo. 1994-592; Harston v. Commissioner, T.C. Memo. 1990-538, affd. without published opinion 936 F.2d 570 (5th Cir. 1991); Fields v. Commissioner, T.C. Memo. 1981-550; sec. 1.183-1(d)(1), Income Tax Regs. "If the taxpayer's primary intent is not to profit from appreciation of the land, then the general rule of the regulation applies in determining whether there is a single activity." Hoyle v. Commissioner, supra. Under the general rule, all facts and circumstances are taken into account in determining whether several undertakings constitute one activity for purposes of section 183. In this case, we find that petitioners' primary intent was not to profit from the increase in the value of the land used to conduct their horse breeding and boarding. Rather, petitioners' primary intent was to breed and board horses. Cf. Fields v. Commissioner, supra. In determining whether petitioners' horse breeding and boarding and their holding of the land constitute a single activity, we apply the general rule contained in section 1.183-1(d)(1), IncomePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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