- 47 - saw the first two pages only of the tax returns; thus, she was not afforded the opportunity to review the Schedules F listing the income and expenses attributable to the farming activity. Petitioner also testified that she trusted Mr. Rowe when she signed the tax returns because he told her the returns were correct, and he assured her he had appropriate records.24 The evidence in the record indicates that Mr. Rowe controlled all aspects of the farming activity, and he conducted the activity without any assistance from petitioner. He testified that he did not consult with petitioner before making decisions concerning the farming activity, and he did not provide her with any information about the activity. In fact, Mr. Rowe testified that he felt that he was operating the horse activity as a business. He also testified that he started the fish activity in order to make the farming activity a more viable business. The testimony of Mr. Danley and the Shortinos, as well as the testimony and affidavit of Mr. Murray, all indicates that Mr. Rowe acted as if he was engaged in the farming activity for profit. There is no evidence that Mr. Rowe acted in such a manner that would cause petitioner to know or believe that Mr. Rowe was not engaged in the farming activity for profit. 24Petitioner testified that she did not know whether parentheses around a number on a tax return indicated a loss or a profit.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
Last modified: May 25, 2011