- 18 - make a profit.” Id. Petitioner here testified, without any supporting data, that he would need to sell approximately 40 cows to make a profit, but in none of the years at issue did he ever attempt to place 40 animals on his property. It is therefore doubtful that petitioner had any plan to profit in those years. Thus, based on the above considerations, petitioner’s cattle ranch does not appear to have been operated in a businesslike manner. This factor fails to indicate a profit objective. 2. The expertise of the taxpayer or his advisors. Section 1.183-2(b)(2), Income Tax Regs., reads: Preparation for the activity by extensive study of its accepted business, economic, and scientific practices, or consultation with those who are expert therein, may indicate that the taxpayer has a profit motive where the taxpayer carries on the activity in accordance with such practices. * * * Case law further explains that “While a formal market study is not required, a basic investigation of the factors that would affect profit is.” Burger v. Commissioner, T.C. Memo. 1985-523; see also Engdahl v. Commissioner, 72 T.C. 659, 668 (1979); Underwood v. Commissioner, T.C. Memo. 1989-625. Moreover, in considering this factor, courts have made clear that the focus is upon expertise and preparation with regard to the economic aspects of the particular business, and failure to possess or obtain expertise in this area will not be excused by study of other aspects of the enterprise or by general business acumen.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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