Austin L. Mitchell and Rebecca A. Mitchell - Page 15

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          earn a profit.  Engdahl v. Commissioner, 72 T.C. 659, 666-667               
          (1979); sec. 1.183-2(b)(1), Income Tax Regs.                                
               Petitioner did not present any documentary evidence to prove           
          the existence of complete and accurate books and records for the            
          farming activity.  Petitioner did not maintain a separate bank              
          account for the farming activity.  Instead, he used one account             
          for personal use, the farming activity, and for his legal                   
          practice.                                                                   
               Petitioner asserts that because he did not maintain a                  
          separate bank account for his law practice, which petitioner                
          operated with a profit motive, we should infer a profit motive              
          from petitioner’s lacking a separate bank account for the farming           
          activity.  We disagree.  The lack of a separate bank account for            
          petitioner’s farming activity, coupled with the lack of complete            
          and accurate books and records, tends to show that petitioner did           
          not carry on the farming activity in a businesslike manner.  Cf.            
          Kahle v. Commissioner, T.C. Memo. 1991-203.                                 
               Petitioner also had no written business plan, nor offered              
          any documentary evidence showing he contemplated, before                    
          beginning the farming activity, how to make it profitable.                  
          Petitioner did not advertise the farming activity in an attempt             
          to increase its profitability.  These facts lead us to conclude             
          that petitioner did not carry on the farming activity in a                  
          businesslike manner.  Sec. 1.183-2(b)(1), Income Tax Regs.                  






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