- 9 - We next consider the success of the taxpayer in carrying on other similar or dissimilar activities. Prior to purchasing the ranch, petitioner said he purchased undeveloped land in San Jose, California, and developed “the first luxury mobile home park for senior citizens in the state”. Petitioners owned and operated the mobile home park for approximately 20 years. Petitioner stated that petitioners worked 7 days per week and employed one groundsman. Petitioner further stated that the mobile home park operated profitably after the first 10 years and that 10 years thereafter, petitioners sold the mobile home park for $7 million. The taxpayer’s history of income or losses with respect to the activity is another factor. At trial, petitioner did not provide a history of income or losses for his ranch. During the taxable years in issue, losses exceeded $250,000, an average of $125,000 for each year. Although petitioner claimed that the losses since 1997 have lessened, petitioner admitted that the losses for the years before those in issue would have been roughly the same as the taxable years in issue. Over this approximate time frame of 12 years, petitioner incurred losses of $1,500,000. The amount of occasional profits, if any, which are earned is another factor. No profits were earned with respect to the ranch during the years in issue. We next consider the financial status of the taxpayer.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011