-18- abandoned the lemon farming activity. In fact, Mr. Bangs indicated at trial that he would await the outcome of this case before he decided whether to drill more wells on the property. Such conduct is inconsistent with a predominant, principal, or primary purpose of making a profit from the activity. Moreover, petitioners sustained large losses from the lemon farming activity from the start and continuing through the years at issue. See Golanty v. Commissioner, 72 T.C. 411, 427 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981); sec. 1.183-2(b)(6), Income Tax Regs. The initial losses contained an element of startup costs and involved factors unique to lemon growing. Petitioners were aware that it would take 10 years before the lemon trees reached full production. The losses continued, consistent with this forecast, for at least 9 years after petitioners began the lemon farming activity. The losses continued for all of the years at issue, well beyond the startup phase of the activity. See Engdahl v. Commissioner, supra; sec. 1.183-2(b)(6), Income Tax Regs. Petitioners contend that these continued losses were due to unforeseen events beyond their control, such as the wildfire and the water shortage. See sec. 1.183-2(b)(6), Income Tax Regs. We find petitioners’ testimony regarding the water shortage lacks credibility. For example, the pathologist who examined petitioners’ trees in 1997 noted that the problems with their trees might be due to the soil staying wet for too long.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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