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