George R. and Barbara H. Burrus - Page 21

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          Deductions                                                                  
          Income Derived   Attributable                                               
          Year      From Farming     To Farming    Net Gain (Loss)                    
          1990        $3,737         $58,263          ($54,526)                       
          1991        25,294          73,053           (47,759)                       
          1992        17,705          95,714           (78,009)                       
          1993        34,887         123,130           (88,243)                       
          1994        40,914          94,893           (53,979)                       
          1995        22,710            91,485           (68,775)                     
          Since petitioners’ income derived from farming did not exceed the           
          deductions attributable thereto in any of the years in issue,               
          their farming activity--i.e., the Maple Row cattle activity--must           
          be treated as a separate activity from the holding of land, in              
          accordance with section 1.183-1(d)(1), Income Tax Regs.                     
               Respondent concedes that petitioners’ separate activity of             
          holding land was an investment activity for which the allocable             
          expenses are deductible.  (See supra note 8.)  It therefore                 
          remains for us to decide whether petitioners’ separate activity             
          of farming (i.e., as disaggregated under section 1.183-1(d)(1),             
          Income Tax Regs., from the activity of holding land) was an                 
          activity not engaged in for profit within the meaning of section            
          183.                                                                        
               B.  Application of Section 183 to Cattle Activity                      
               Section 183(c) defines an activity not engaged in for profit           
          as “any activity other than one with respect to which deductions            
          are allowable for the taxable year under section 162 or under               






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