Thomas W. Burton - Page 16




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          trees have matured 40 years he will make more than enough money             
          to cover the expenses he has incurred.  While this may or may not           
          be true, that contention alone does not turn this activity into a           
          business.  Petitioner is merely waiting while the trees                     
          appreciate in value.  We would expect someone who operates a                
          timber farm for profit to keep records regarding the specifics of           
          the trees, such as the date the trees were planted and the cost             
          of the trees that were planted, along with a business plan and              
          records of expenses.  Experts would be consulted prior to                   
          engaging in the activity and used thereafter as needed.  A farm             
          would have employees to maintain and care for the trees.                    
          Petitioner would have to spend more than one day a month on farm            
          activities if he had no employees.  A timber farm normally would            
          not have a vacation house located on the property.                          
               Factors that would tend to establish that a timber farm is             
          entered into for profit are clearly shown in Kurzet v.                      
          Commissioner, T.C. Memo. 1997-54, affd. in part and revd. in part           
          222 F.3d 830 (10th Cir. 2000).  In contrast, to describe the                
          amount of time and energy petitioner has put into the apple and             
          timber farm as an "activity" is generous.  At the most,                     
          petitioner has an investment.  We also note that petitioner                 
          deducted personal expenses for telephone, painting, and cleaning            
          services on the Schedule F.  These are nondeductible under                  
          section 262.  When taken in conjunction, all of these factors we            
          have reviewed establish that petitioner does not have a profit              
          objective for the apple and timber activity.  Petitioner did not            





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