Austin L. Mitchell and Rebecca A. Mitchell - Page 16

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               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.                                                            






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