Andris Zarins and Zigrida A. Zarins - Page 16




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          losses indicated that the activity was not a hobby).                        
          Petitioners’ financial status does not affect our analysis.  See            
          Callahan v. Commissioner, T.C. Memo. 1996-65, affd. 111 F.3d 892            
          (5th Cir. 1997).  Consequently, this factor is neutral.                     
               9.   Elements of Personal Pleasure                                     
               The presence of recreational or personal motives in                    
          conducting an activity may indicate that the taxpayer is not                
          conducting the activity for profit.  See sec. 1.183-2(b)(9),                
          Income Tax Regs.                                                            
               Petitioner worked hard planting trees, removing thorns and             
          brush, and building the pond and access road.  We do not know               
          whether he enjoyed doing that work.  Petitioners' residence is              
          located on their land, and they have not shown that their tree              
          farm activity did not benefit their residence and their enjoyment           
          of their property.  See Estate of Dickerson v. Commissioner, T.C.           
          Memo. 1997-165 (Christmas tree farm activity not conducted for              
          profit; the trees provided personal pleasure because they were              
          located near the taxpayers’ residence).  Petitioners have not               
          shown that they lacked recreational or personal motives for                 
          engaging in the tree activity.  This factor is neutral.                     













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