Andris Zarins and Zigrida A. Zarins - Page 12




                                       - 12 -                                         
               3.   Taxpayer's Time and Effort                                        
               The fact that a taxpayer devotes much time and effort to an            
          activity may indicate that he or she has a profit objective.  See           
          sec. 1.183-2(b)(3), Income Tax Regs.                                        
               Petitioner was employed full-time as an engineer in 1994 and           
          1995.  He worked 15 to 20 hours a week in 1994 and 1995 on the              
          tree farm.  However, much of the time petitioner spent working on           
          the tree farm in those years was not directly related to raising            
          or selling trees.  He built a pond in 1994, he built an access              
          road in 1994 and 1995, and he was engaged in litigation relating            
          to the pond in 1995.  Petitioner failed to show to what extent              
          the pond and road were directly related to the tree farm.                   
          Petitioner testified that the pond supported irrigation up to               
          about 1,000 feet from the pond, but he did not show how many of             
          his trees were within 1,000 feet of the pond.  This factor favors           
          respondent.                                                                 
               4.   Expectation That Property Used in the Activity Will               
                    Appreciate in Value                                               
               A taxpayer may intend to make an overall profit when                   
          appreciation in the value of assets used in the activity is                 
          realized.  See sec. 1.183-2(b)(4), Income Tax Regs.  There is an            
          overall profit if net earnings and appreciation are enough to               
          recoup losses sustained in prior years.  See Bessenyey v.                   
          Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d               
          Cir. 1967).                                                                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011