Michael J. Rozzano, Jr., and Rose Marie Rozzano - Page 19




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          of and time and effort expended by petitioners support a finding            
          that the activity was engaged in for profit.                                
          Expectation That Assets Would Appreciate                                    
               Petitioners argue that the increase in the value of Sugar              
          Tree and the efforts they expended and expenses they incurred in            
          upkeep of the property support a conclusion that the horse-                 
          boarding activity was engaged in for profit.  We disagree.  On              
          the issue of whether appreciation of land supports petitioners’             
          profit intent, the relevant inquiry is whether the holding of the           
          land for appreciation and the conducting of the horse-boarding              
          constitute a single activity or separate activities.  Sec. 1.183-           
          1(d)(1), Income Tax Regs.  Determining whether the two                      
          undertakings are a single activity requires the examination of              
          all of the facts of the case; the most significant facts being              
          those that show the degree of organizational and economic                   
          interrelationship of the undertakings.  Id.                                 
               In this case, petitioners primarily purchased the land for             
          personal enjoyment and not to engage in a business.  Therefore,             
          they had no bona fide intention, at the time of purchase, to                
          realize a profit that could offset later operating losses as they           
          had not yet contemplated any business using the property.  Only             
          subsequent to the purchase did petitioners use the property in              
          their horse-boarding activities.                                            








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