- 8 - Separate or Single Activity Section 1.183-1(d), Income Tax Regs., provides, where the taxpayer is engaged in several undertakings, each of these may be a separate activity, or several activities may constitute one activity. In ascertaining whether two or more activities of the taxpayer may be treated as one activity, we consider all of the facts and circumstances, including the degree of organizational and economic interrelationship, the business purpose served by the undertakings together or separately, and the similarity of the undertakings. Id.; see also Schlafer v. Commissioner, T.C. Memo. 1990-66. The Commissioner will generally accept the characterization by the taxpayer of several undertakings either as a single activity or as separate activities. Sec. 1.183-1(d), Income Tax Regs. The taxpayer's characterization will not be accepted, however, when it appears that his or her characterization is artificial and cannot be reasonably supported under the facts and circumstances of the case. Id. If two undertakings are treated as separate activities, deductions and income from each separate activity are not aggregated either in determining whether a particular activity is engaged in for profit or in applying section 183. Id. Respondent determined that petitioners' apple orchard activity is separate and distinct from the dentistry activity. Petitioner asserts that the two undertakings are related in that he cannot practice holistic dentistry without his apple orchard.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011