George R. and Barbara H. Burrus - Page 35

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          account, Dr. Burrus’s actions involving the partnership--reducing           
          his exposure to the operational losses while holding onto his               
          full interest in the land--appear financially astute.  On                   
          balance, given the generally positive track record of Dr.                   
          Burrus’s various entrepreneurial undertakings, we believe that              
          the application of section 1.183-2(b)(5), Income Tax Regs.,                 
          provides support for the existence of an intent to profit.                  
                    6.  Activity’s History of Income or Losses                        
               An activity's history of income or loss may reflect whether            
          the taxpayer has a profit objective.  Sec. 1.183-2(b)(6), Income            
          Tax Regs.  Unless explained by unforeseen or fortuitous                     
          circumstances beyond the taxpayer's control, a record of                    
          continuous losses beyond the period customarily required to                 
          obtain profitability may indicate that the activity is not                  
          engaged in for profit.  Golanty v. Commissioner, supra at 426;              
          Bessenyey v. Commissioner, supra at 274; Hillman v. Commissioner,           
          supra; sec. 1.183-2(b)(6), Income Tax Regs.                                 
               As earlier calculated for purposes of determining whether              
          petitioners’ farming activity should be treated as a separate               
          activity from the holding of land, the results from petitioners’            
          Maple Row cattle activity for the years in issue are as follows:            








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