Ralph E. Wesinger, Jr. and Catherine R. Wesinger - Page 29




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               profit motivation may be indicated where an activity                   
               lacks any appeal other than profit. [Sec. 1.183-                       
               2(b)(9), Income Tax Regs.]                                             
          In the case of a ranching endeavor such as petitioner’s, however,           
          this consideration does not weigh strongly either for or against            
          intent to profit.  Aspects of potential enjoyment coexist with              
          aspects of demanding labor.  As observed by the Court in Barter             
          v. Commissioner, T.C. Memo. 1991-124, affd. without published               
          opinion 980 F.2d 736 (9th Cir. 1992): “While we agree with                  
          petitioner fixing fences and dragging roads is not in and of                
          itself pleasurable, petitioner did glean some pleasure from the             
          ranch * * * and petitioner received the personal gain of building           
          and maintaining what was to be his retirement home.”  Similarly,            
          petitioner here engaged in toilsome work such as ripping soil for           
          planting, but he also testified that he embarked upon cattle                
          ranching in part because he desired to slow down his lifestyle.             
          Hence, despite the presence of difficult tasks, a personal motive           
          was an instigator for the venture.  As a result, this factor does           
          little to either advance or detract from petitioner’s position.             
               In summary, the circumstances of these cases, when                     
          considered within the framework of the nine factors above,                  
          indicate that petitioner did not possess the requisite intent to            
          profit from his cattle-ranching operations.  Petitioners                    
          therefore are subject to the restrictions set forth in section              
          183 and improperly deducted losses.                                         






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