Fred B. and Georgia Elane Berry - Page 15




                                               - 15 -                                                  
            C.    Applying the Factors                                                                 
                  1.    Manner in Which the Taxpayer Conducts the Activity                             
                  Maintaining complete and accurate books and records,                                 
            conducting the activity in a manner substantially similar to                               
            comparable businesses which are profitable, and making changes in                          
            operations to adopt new techniques or abandon unprofitable                                 
            methods suggest that a taxpayer conducted an activity for profit.                          
            See Engdahl v. Commissioner, 72 T.C. 659, 666-667 (1979); sec.                             
            1.183-2(b)(1), Income Tax Regs.                                                            
                  Petitioners maintained a separate general journal and bank                           
            account for the farm.  However, they did not have a written                                
            business plan, income projections, or profit plans.  This                                  
            suggests that they did not operate their farm and horse activity                           
            for profit.  See Westbrook v. Commissioner, 68 F.3d 868, 873, 878                          
            (5th Cir. 1995) (no written business plan, financial projections,                          
            or estimates for return of capital), affg. T.C. Memo. 1993-634;                            
            Osteen v. Commissioner, T.C. Memo. 1993-519; cf. Phillips v.                               
            Commissioner, T.C. Memo. 1997-128 (written financial plan not                              
            required for 32-horse farm where business plan evidenced by                                
            action).                                                                                   
                  Petitioners contend that they had a business plan, which was                         
            for Mrs. Berry to work full time on the farm and for them to have                          
            at least 11 broodmares.  We disagree.  Petitioners did not                                 
            credibly show how they intended to make the farm profitable.                               






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011