Austin L. Mitchell and Rebecca A. Mitchell - Page 20

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          without published opinion 647 F.2d 170 (9th Cir. 1981); sec.                
          1.183-2(b)(6), Income Tax Regs.                                             
               Petitioner generated revenue from the farming activity in              
          1999 and 2000, resulting in a net profit in 1999, but he incurred           
          a net loss in 1998 and 2000.  Despite the 1999 net profit,                  
          petitioner has claimed losses between $80,000 and $90,000 from              
          conducting the farming activity since 1991.  This factor favors             
          respondent.                                                                 
               7.   Amount of Occasional Profits, If Any                              
               We next consider the amount of occasional profits, if any,             
          that petitioner earned through 2000.  Occasional profits the                
          taxpayer earned from the activity, in relation to the amount of             
          losses incurred, the amount of the taxpayer’s investment, and the           
          value of the assets used in the activity may provide useful                 
          criteria in determining the taxpayer’s intent.  Sec. 1.183-                 
          2(b)(7), Income Tax Regs.  We consider the increasing size,                 
          width, volume, and value of the taxpayer’s harvestable timber               
          when we apply this factor to a tree-farming activity.  Kurzet v.            
          Commissioner, T.C. Memo. 1997-54, affd. in part, revd. and                  
          remanded on other grounds 222 F.3d 830 (10th Cir. 2000).                    
               Petitioner earned a profit from the farming activity in                
          1999.  Respondent contends that we should give little weight to             
          the 1999 profit because it was partially due to selling mature              
          timber that petitioner could have sold in other years.  We                  






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