Andris Zarins and Zigrida A. Zarins - Page 9




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          on other similar or dissimilar activities; (6) the taxpayer's               
          history of income or loss with respect to the activity; (7) the             
          amount of occasional profits, if any, which are earned; (8) the             
          financial status of the taxpayer; and (9) whether elements of               
          personal pleasure or recreation are involved.  See sec. 1.183-              
          2(b), Income Tax Regs.  No single factor controls.  See Osteen v.           
          Commissioner, supra at 358; Brannen v. Commissioner, 722 F.2d               
          695, 704 (11th Cir. 1984), affg. 78 T.C. 471 (1982); sec. 1.183-            
          2(b), Income Tax Regs.                                                      
          B.   Application of the Factors                                             
               1.   Manner in Which the Taxpayer Conducts the Activity                
               Maintaining complete and accurate books and records,                   
          conducting the activity in a manner substantially similar to                
          comparable businesses which are profitable, and making changes in           
          operations to adopt new techniques or abandon unprofitable                  
          methods suggest that a taxpayer conducted an activity for profit.           
          See Engdahl v. Commissioner, 72 T.C. 659, 666-667 (1979); sec.              
          1.183-2(b)(1), Income Tax Regs.                                             
               There is no evidence establishing that petitioner had a                
          business plan.  Petitioner wanted to sell evergreen trees and               
          some of the trees that were growing indigenously on the land to             
          nurseries and to individuals, and he knew that he could not sell            
          the trees he planted for 10 years.  However, the fact that he               
          planted trees without keeping records of the number planted and             






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