Opinion · United States Tax Court

Smith v. Commissioner

Smith v. Comm’r, 9 T.C. 1150 (T.C. 1947)

Type
Opinion
Court
United States Tax Court
Jurisdiction
Federal
Date
1947-12-18
Topic
employee-benefits-and-executive-compensation

OPINION. Hill, Judge: The question is whether petitioner operated the farm as a trade or business or for profit, on the one hand, or for recreational purposes or as a hobby, on the other. As is implicit or stated in the cases cited by both petitioner and respondent, the answer to this question lies in determining petitioner’s intention from all of the evidence. We have concluded that the facts show that the petitioner’s intent in operating the farm was primarily for the purpose of making a profit. Respondent bases his argument that petitioner had no intent to operate the farm as a trade or business or for profit on the following points: (1) That the operation of the farm resulted in a series of un-. interrupted losses, (2) that petitioner’s, purchase of the farm was essentially motivated by his desire to have a country estate for his home, and (3) that petitioner operated the farm in order to supply his family with food for home consumption.

Citator

UpLaw has not yet analyzed Smith v. Commissioner. The absence of a flag is not a finding that it is good law.

Cited by
7 opinions