Anthony Ranciato and Lucille Ranciato - Page 9

                                        - 9 -                                         
          fire, disease, theft).  A series of years of net income, on the             
          other hand, is “strong evidence” that an activity is engaged in             
          for profit.  Id.  Indeed, an activity that is not horse-related             
          is presumed to be engaged in for profit if the activity is                  
          profitable in at least 2 of 5 consecutive years.  Sec. 183(d).**            
          Horse-related activities are presumed to be engaged in for profit           
          when the activity is profitable for at least 2 of 7 consecutive             
          years.  Id.                                                                 
               Petitioner claimed net losses of $27,377, $27,795, and                 
          $20,976 from the store on his 1985, 1986, and 1987 Federal income           
          tax returns, respectively.  These losses offset gross income of             
          $66,942, $33,488, and $44,221.  Petitioner has not established              
          that any of these losses was due to unforeseen or fortuitous                
          circumstances beyond his control.                                           
               The Court of Appeals for the Second Circuit observed that              
          our Memorandum Opinion in Ranciato I did not discuss the                    
          profitable chapter of the history of petitioner’s store.  In                
          Ranciato I, we found that the store “showed a profit in its early           
          years”.  We did not regard this finding, however, as a decisive             
          factor in petitioner’s favor.  First, we know that petitioner's             
          store reaped a profit in its "early years", but we do not know              
          the specific years in which the store had a profit, or the                  

               **  This standard was changed to 3 out of 5 years for                  
          taxable years beginning after Dec. 31, 1986.                                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011