- 15 - in several undertakings, each of which constitutes a separate activity for purposes of section 183, or several undertakings may constitute a single activity for this purpose. Id. The regulations further state: (d) Activity defined. (1) Ascertainment of activity. * * * In ascertaining the activity or activities of the taxpayer, all the facts and circumstances of the case must be taken into account. Generally, the most significant facts and circumstances in making this determination are the degree of organizational and economic interrelationship of various undertakings, the business purpose which is (or might be) served by carrying on the various undertakings separately or together in a trade or business or in an investment setting, and the similarity of various undertakings. Generally, the Commissioner will accept the characterization by the taxpayer of several undertakings either as a single activity or as separate activities. * * * 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. * * * [Sec. 1.183-1(d)(1), Income Tax Regs.; emphasis added.] The regulations thus provide for delineating activities under section 183 with a general rule drawing on all facts and circumstances, and a special rule in the case of land acquired or held primarily for its appreciation on which farming is also conducted. In the latter circumstance, the regulations provide that the holding of the land and the farming will be considered a single activity only if the farming activity reduces the net costPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011