- 19 - those directly attributable to the holding of the land such as interest on a mortgage secured by the land, annual property taxes attributable to the land and improvements, and depreciation of improvements to the land). It is clear from petitioners' Schedules F that the costs attributed to the orchard activity (apart from those directly attributable to the holding of the land) substantially exceed the income from the apple sales. Thus, petitioners do not satisfy the test set forth in section 1.183-1(d), Income Tax Regs., for combining their farming activity with their holding of the land into a single profit-motivated activity. We find that this factor weighs against petitioners. Fifth, the fact that the taxpayer has engaged in similar activities in the past and converted them from unprofitable to profitable enterprises may indicate that he is engaged in an activity for profit even though the activity is presently unprofitable. Sec. 1.183-2(b)(5), Income Tax Regs. Petitioners have never before engaged in commercial farming of any type. We find that this factor weighs against petitioners. The taxpayer's history of income, losses, and occasional profits with respect to an activity can be indicative of a profit objective. Sec. 1.183-2(b)(6) and (7), Income Tax Regs. The presence of losses in the formative years of a business is not inconsistent with an intention to achieve a later profitable level of operation, bearing in mind, however, that the goal mustPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011