- 13 - Section 1.183-1(d)(1), Income Tax Regs., provides: If the taxpayer engages in two or more separate activities, deductions and income from each separate activity are not aggregated either in determining whether a particular activity is engaged in for profit or in applying section 183. Where land is purchased or held primarily with the intent to profit from increase in its value, and the taxpayer also engages in farming on such land, the farming and the holding of the land will ordinarily be considered a single activity only if the farming activity reduces the net cost of carrying the land for its appreciation in value. Thus, the farming and holding of land will be considered a single activity only if the income derived from farming exceeds the deductions attributable to the farming activity which are not directly attributable to the holding of the land (that is, deductions other than those directly attributable to the holding of the land such as interest on a mortgage secured by the land, annual property taxes attributable to the land and improvements, and depreciation of improvements to the land). In the case at hand, there is no evidence in the record that the horse-breeding activity contributed marginal profits to help reduce the cost of holding the land. Even excluding the items attributable to the land, the horse-breeding operation incurred substantial losses. Therefore, the holding of petitioners’ land is a separate activity from the horse-breeding activity. The improvements petitioners claim to have made to the land may increase their tax cost (basis) in the land and thus reduce the taxable gain they will realize upon sale of the land. Sec. 1001(a). The increase in the value of petitioners’ land does not support petitioners’ argument that Dr. Harrington engaged inPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011