Robert and Karen O'Connor - Page 18




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          $2,206, $2,363, and $20,388 from the sale of livestock, almonds,            
          and grazing rights, respectively.3                                          
               During the 3 years in issue, Omega’s recycling activities              
          were highly profitable.  As discussed above, Omega’s net income,            
          after reductions for farm-activity expenses, was $217,787,                  
          $483,949, and $660,375 for 1993, 1994, and 1995, respectively.              
          Petitioners also received wages from Omega.  The farm activity              
          losses substantially reduced Omega’s gross income from its                  
          recycling business, which provided significant passthrough tax              
          benefits to petitioners.  The receipt of a substantial amount of            
          income from sources other than the activity, especially if the              
          losses from the activity generate large tax benefits, may                   
          indicate that the taxpayer does not intend to conduct the                   
          activity for profit.  See sec. 1.183-2(b)(8), Income Tax Regs.              
               In summary, petitioners/Omega did not possess the requisite            
          intent to profit from the farm operations.  Petitioners are                 
          therefore subject to the restrictions set forth in section 183              
          for activities not engaged in for profit.                                   
               Next we consider whether petitioners are entitled to deduct            
          amounts claimed as contributions to CBR during the 1990 and 1991            
          tax years and carried over into the years in issue.  We consider            

               3 The only sales of almonds occurred in 1994.  Most of the             
          farm’s income came from pasture rent, which totaled $2,692,                 
          $5,620, and $12,076, for 1991, 1992, and 1993, respectively.                
          Omega had no revenue from pasture rent during 1990, 1994, and               
          1995.                                                                       





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