Charles A. McGee - Page 24




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            though he did say that he was too busy with other activities to                            
            take care of the farm.                                                                     
                  Each Schedule F from 1981 to 1990 reflected a net loss,                              
            totaling $984,221.  While petitioner stated that he has always                             
            farmed and that “this wasn’t a hobby farm like a lot of people”,                           
            we have been unable to find any evidence establishing that                                 
            petitioner engaged in the farming activities with the intention                            
            of making a profit.                                                                        
                  During trial, petitioner alluded to the fact that the IRS                            
            wrote to him or Mr. Grierson, his return preparer, stating that                            
            $455,000 worth of Schedule F losses could be used for the first                            
            year that there was taxable income.  Neither petitioner nor Mr.                            
            Grierson, however, was able to produce any document from the IRS                           
            regarding the availability of any Schedule F losses.  Indeed, Mr.                          
            Grierson admitted that the conversation regarding the Schedule F                           
            losses may have been between himself and petitioner rather than                            
            between himself and the IRS.                                                               
                  Based on petitioner’s testimony and the lack of any evidence                         
            regarding the manner in which he conducted his activity, we find                           
            that petitioner has not established that making a profit was his                           
            primary objective.  Furthermore, petitioner has also failed to                             
            substantiate the claimed losses.  Accordingly, we sustain                                  
            respondent’s determinations regarding petitioner’s Schedule F net                          
            loss deductions for the 1987, 1988, 1989, and 1990 tax years.                              






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