Terry F. and Carol J. Zdun - Page 21

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          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.           





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