Austin L. Mitchell and Rebecca A. Mitchell - Page 18

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               During the years at issue, petitioners resided at the family           
          farm.  They derived personal and recreational benefits from the             
          situs of the farming activity.  Petitioner devoted regular and              
          substantial time and effort to the farming activity, although he            
          continued to work an average of more than 50 hours per week as a            
          lawyer and accountant.  Petitioner did not explain how the work             
          he performed on the family farm related to making it profitable.            
          This factor favors respondent.                                              
               4.   The Expectation That the Assets Used in the Activity              
                    May Appreciate in Value                                           
               We next examine the expectation that the assets used in                
          conducting the activity may appreciate in value.  A taxpayer may            
          intend, despite the lack of profits from current operations, that           
          an overall profit will result when appreciation in the value of             
          assets used in the activity is realized.  Bessenyey v.                      
          Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d               
          Cir. 1967); sec. 1.183-2(b)(4), Income Tax Regs.  Petitioner                
          intends to give the family farm to his sons, not sell it.  Thus,            
          petitioner is not relying on the appreciation of the family                 
          farm’s assets to offset the losses sustained from his farming               
          activity.  This factor favors respondent.                                   
               5.   Success in Similar or Dissimilar Activities                       
               We next examine the success of petitioner in carrying on               
          other similar or dissimilar activities.  If a taxpayer has                  
          previously engaged in similar activities and made them                      





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