- 21 - profit, especially where there are recreational or personal elements involved. Sec. 1.183-2(b)(9), Income Tax Regs. In his testimony, petitioner described the orchard in terms of how it relates to petitioners' house. He described how the trees are planted right up to the house, and how the air is filled with the perfume of the blossoming trees. It is clear from petitioner's testimony that petitioners planted the orchard with the intent of living in a house nestled among flowering trees, and that they derive great personal pleasure from living in the idyllic setting they created. An activity will not be treated as not engaged in for profit merely because the taxpayer derives personal pleasure from engaging in the activity if the activity is in fact engaged in for profit as evidenced by other factors. Id. The record in this case, however, is entirely bereft of any evidence that petitioners engaged in the activity with an honest and actual objective of making a profit. Thus, we find that this factor weighs against petitioners as personal pleasure is the dominant factor in their undertaking the activity. Accordingly, on the basis of all the facts and circumstances of the instant case, and the factors considered in section 1.183- 2(b), Income Tax Regs., we find that petitioners did not have an actual and honest objective to make a profit with respect to the organic apple orchard activity within the meaning of section 183.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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