Anthony W. Jorgenson and Florence A. Jorgenson - Page 11




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          in “Good” condition with an appraised fair market value of                  
          “$10,000".  Further, on the second page of Form 8283, petitioners           
          stated that they had acquired the partition by purchase, that               
          they had a $10,000 adjusted basis in the partition, and that they           
          claimed a $10,000 deduction with regard to the partition.  In               
          their 1994 tax return, petitioners failed to include Form 8283.             
          Petitioners incorrectly claimed the noncash charitable                      
          contribution of the Suburban as a $14,850 cash charitable                   
          contribution.                                                               
               Petitioners also failed to obtain qualified appraisals, as             
          defined by section 1.170A-13(c)(3), Income Tax Regs., for both              
          charitable contributions prior to the due date of their 1993 and            
          1994 tax returns.  On audit, petitioners provided the IRS with              
          letters drafted (after petitioners filed their tax returns) by              
          two appraisers.                                                             

                                       OPINION                                        
          I.   Ranching and Farming Activities                                        
               Section 183(a) provides generally that, if an activity is              
          not engaged in for profit, no deduction attributable to such                
          activity shall be allowed except as provided in section 183(b).5            

               5  In the case of an activity not engaged in for profit,               
          sec. 183(b)(1) allows a deduction for expenses that are otherwise           
          deductible without regard to whether the activity is engaged in             
          for profit.  Sec. 183(b)(2) allows a deduction for expenses that            
          would be deductible only if the activity were engaged in for                
          profit, but only to the extent that the total gross income                  
          derived from the activity exceeds the deductions allowed under              
          sec. 183(b)(1).                                                             



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