- 29 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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