Austin L. Mitchell and Rebecca A. Mitchell - Page 17

                                       - 17 -                                         
               Petitioner contends that he had the necessary expertise in             
          farming to operate a farm for profit.  He was born and raised on            
          the family farm.  He had previous experience producing row crops,           
          hay, and livestock.  He had conversations with other farmers in             
          the area.5  Additionally, he consulted with two expert advisers,            
          Harris and a sawyer.                                                        
               The record does not show, however, that petitioner knew how            
          or intended to make a profit from his current farming                       
          undertakings.  He did not seek expert advice on how to operate              
          his farm profitably.  He discussed farming with his farmer                  
          clients and farmer neighbors, but there is no evidence that they            
          gave him advice about farming for profit.  This factor favors               
          respondent.                                                                 
               3.   The Taxpayer’s Time and Effort                                    
               We next consider the time and effort petitioner expended in            
          conducting the farming activity.  A taxpayer’s devotion of much             
          time and effort to conducting an activity, particularly if the              
          activity does not have substantial personal or recreational                 
          aspects, may indicate an intention to derive a profit.  Sec.                
          1.183-2(b)(3), Income Tax Regs.                                             



               5Petitioner also testified that he consulted experts after             
          2000.  Stating the obvious, petitioner could not possibly have              
          carried on the farming activity during 1998 and 2000 in                     
          accordance with expertise garnered later.  This testimony is                
          therefore irrelevant.                                                       




Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011