Julius Lee Harrington and Mary Lou Ziter - Page 14




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               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 in                








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