Tracey L. Topping - Page 18




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               Respondent cites several cases where we held that the                  
          taxpayer’s activities could not be aggregated and argues that               
          those cases are analogous to the facts in this situation.  In De            
          Mendoza v. Commissioner, supra, the Court refused to aggregate              
          the taxpayer’s farming/polo activity and his real estate law                
          practice, despite the taxpayer’s position that one reason he                
          began playing polo was to meet clients for his law firm.  Based             
          on the evidence, the Court concluded that the farm was formed and           
          operated as a separate business, and the Court was not convinced            
          that the taxpayer began the polo activity to generate legal                 
          business or that the activity materially benefited the taxpayer’s           
          law practice.  In Wilkinson v. Commissioner, T.C. Memo. 1996-39,            
          we held that a plastic surgeon’s horse ranch activities and his             
          medical practice were not interrelated business activities,                 
          despite the taxpayer’s claim that the publicity he derived from             
          playing polo and hosting social gatherings helped him get                   
          patients for his cosmetic surgery practice.  Id.  In Zdun v.                
          Commissioner, T.C. Memo. 1998-296, affd. without published                  
          opinion 229 F.3d 1161 (9th Cir. 2000), we held that a dentist’s             
          organic apple orchard was not part of the same activity as his              
          holistic dental practice even though the apples were sold to the            
          dental practice’s patients at the office.                                   
               We do not find any of the cases respondent relies on to be             
          analogous to petitioner’s situation.  None of the activities in             







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