- 33 - This factor favors petitioners’ position. 4. The Expectation That Assets Used in the Activity Would Appreciate in Value The term “profit” encompasses revenue from operations and appreciation in the value of assets such as land. Sec. 1.183- 2(b)(4), Income Tax Regs. Thus, the taxpayer may intend to derive a profit from the operation of the activity, and may also intend that, even if no profit from current operations is derived, an overall profit will result when appreciation in the value of land used in the activity is realized since income from the activity together with the appreciation of land will exceed expenses of operation. * * * [Id.] Petitioners argue that their expectation of profit is evidenced by the fact that a gross profit will be produced upon the sale of a third offspring. This argument is not supported by credible evidence. For example, petitioners’ depreciation schedule reflects that they purchased one blue and gold macaw for $750 in 1997. Yet, in 2000, petitioners sold three blue and gold macaws for $750. Respondent claims that petitioners could not have expected ERE’s assets to appreciate so much in value as to produce an overall profit because ERE’s current operating expenses each year exceeded its gross receipts by a wide margin. Respondent points out that petitioners could not realize an overall profit even if ERE’s property appreciated.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: March 27, 2008