Earl M. Hasbrouck and Donna M. Hasbrouck - Page 28

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          Goodwin v. Commissioner, 75 T.C. 424, 433 (1980), affd. without             
          published opinion 691 F.2d 490 (3d Cir. 1982).                              
               Respondent developed his position in this case on the basis            
          of his examination and investigation of petitioners’ returns.               
          Cf. Powers v. Commissioner, 100 T.C. 457, 473 (1993), affd. in              
          part, revd. in part and remanded 43 F.3d 172 (5th Cir. 1995).               
          Other than the information relevant to the qualification of the             
          property for the CRP contract, petitioners failed or refused to             
          provide complete information to respondent regarding whether they           
          were actively engaged in the trade or business of farming during            
          the years in issue.  Some of the factors respondent took into               
          account in determining that petitioners were not engaged in the             
          trade or business of farming include:  (1) Petitioners had not              
          engaged in the business of farming prior to their purchase of the           
          property in 1987; (2) petitioners' only activities with respect             
          to the property during the years in issue were those undertaken             
          pursuant to the CRP contract; (3) petitioners planned to start a            
          cattle operation on the land after the expiration of the CRP                
          contract; (4) petitioners resided approximately 11 miles from the           
          property during the years in question; (5) petitioner was                   
          employed in the construction industry and Donna M. Hasbrouck was            
          employed as a bookkeeper during the years in issue; (6)                     
          petitioner sustained a back injury in 1993 which resulted in his            
          listing his occupation as "disabled" on petitioners' 1994 tax               





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