- 16 - Nor has petitioner attempted to make the farming activity profitable by changing his conduct over the years. Rather, we find it remarkable how little petitioner has changed the farming activity despite years of operating losses. Petitioner primarily relies on the changes in his arrangement with Harris made in 1999 as demonstrating his attempt to earn a profit. We find that the change in the pasture land arrangement was just a change in form but not substance because the amounts of money exchanged offset each other. We find, however, that the change in the haying arrangement with Harris in 1999 was substantive because petitioner received half the hay after the change while before he received none of the hay. This enabled petitioner to sell hay to generate revenues, which he did. We find that this one change does not outweigh the lack of complete and accurate books and records and the absence of other indicia that petitioner conducted the farming activity in a businesslike manner. This factor favors respondent. 2. Expertise of the Taxpayer or His Advisers We next consider petitioner’s expertise and that of his advisers. Preparing for an activity by extensive study on one’s own or by consulting with experts and conducting the activity in accordance with what has been learned indicates that the taxpayer had an actual and honest profit objective. Sec. 1.183-2(b)(2), Income Tax Regs.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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