Thomas W. Burton - Page 11




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          and timber activity with the requisite intent to make a profit,             
          all of the facts and circumstances of his situation must be taken           
          into account.  Golanty v. Commissioner, 72 T.C. 411, 426 (1979),            
          affd. without published opinion 647 F.2d 170 (9th Cir. 1981);               
          sec. 1.183-2(a) and (b), Income Tax Regs.  No single factor is              
          controlling, nor is the existence of a majority of factors                  
          favoring or disfavoring a profit objective necessarily                      
          controlling.  Hendricks v. Commissioner, 32 F.3d 94, 98 (4th Cir.           
          1994), affg. T.C. Memo. 1993-396; sec. 1.183-2(b), Income Tax               
          Regs.                                                                       
               We first consider the manner in which the taxpayer carries             
          on the activity.  In this case, petitioner never had a written              
          business plan.  He did not separate the expenses between the                
          apple and timber portions of the activity.  Petitioner did not              
          prepare budgets with respect to the activity.  We have no                   
          evidence regarding the number of trees petitioner planted, the              
          cost of such trees, or the condition of the trees.  Petitioner              
          did not carry on the activity in a businesslike manner.                     
               We consider the expertise of the taxpayer or his advisers.             
          Petitioner does not appear to have any previous farming                     
          experience.  Petitioner said that he became involved in the farm            
          activity because he was interested in preserving old varieties of           
          apple trees.  It was a local wood cutter who suggested that                 
          petitioner could sell his timber.  Prior to starting the apple              
          and timber activity, petitioner did not consult any experts in              
          this activity.  Petitioner later consulted with outside                     





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