Terry F. and Carol J. Zdun - Page 20

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          be to realize a profit on the entire operation, which presupposes           
          not only future net earnings but also sufficient net earnings to            
          recoup the losses that have meanwhile been incurred in the                  
          intervening years.  Bessenyey v. Commissioner, 45 T.C. 261, 274             
          (1965), affd. 379 F.2d 252 (2d Cir. 1967).  We find it                      
          significant that although petitioners' trees have been bearing              
          enough fruit to sell to the public since the mid-1980's, at no              
          time during petitioners' involvement in the apple orchard                   
          activity did they realize a profit.  Given the record of losses             
          over the 3 years at issue, we see no possibility that petitioners           
          ever intended to be able to recoup their substantial                        
          expenditures.  Accordingly, we find these factors weigh against             
          petitioners.                                                                
               Substantial income from sources other than the activity in             
          question may also be an indication of the lack of a profit                  
          objective especially where losses from the questioned activity              
          produce substantial tax benefits.  Sec. 1.183-2(b)(8), Income Tax           
          Regs.  Petitioner quite successfully carried on a part-time                 
          dentistry practice earning more than $193,000 during the years at           
          issue.  With such an income, petitioners could well afford a                
          hobby farm, particularly when it is partially financed through              
          the tax benefit derived from taking the losses.                             
               Finally, the presence of personal motives in carrying on of            
          an activity may indicate that the activity is not engaged in for            





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