Rhett Rance Smith and Alice Avila Smith, et al. - Page 73




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          from the sale of organic milk could address the deficit.                    
          Accordingly, we find this factor to be neutral.                             
               7.  Amount of Occasional Profits--Zane has not reported any            
          profits from the cow activity, and therefore this factor is                 
          unfavorable for Zane.                                                       
               8.  Financial Status of the Taxpayer-–Without counting any             
          farm income Zane and Shannon’s gross income, before considering             
          income adjustments they conceded, was $382,020, $277,979,                   
          $320,569, and $718,466 for the years 1998, 1999, 2000, and 2001.            
          For each of the next 3 years, their income exceeded $700,000.               
          That level of income provided the potential for substantial tax             
          benefits from the claimed losses from the cow and dairy farm                
          activity.  Therefore, this factor is unfavorable for Zane and               
          Shannon.                                                                    
               9.  Elements of Personal Pleasure--Although Zane has a keen            
          interest in cows, especially the Normande breed, his focus in               
          this activity has been to seek a profit from a dairy operation.             
          We note that the Normande breed was not traditionally used for              
          dairy purposes in the United States.  However, Zane believed that           
          they had great potential for high quality and quantity                      
          production.  Unlike the dog breeding activity, we find that                 
          Zane’s interest in the cow and dairy farm activity was more                 
          business and less pleasure oriented.                                        








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