Anthony Ranciato and Lucille Ranciato - Page 15

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              b.  Petitioner’s Motive for Operating Store                            
               The Court of Appeals for the Second Circuit questioned                 
          petitioner’s motive for operating his store.  Respondent claims             
          that petitioner operated his store as a valued family project.              
          As indicated above, we agree.  Petitioner and his parents started           
          the store when he was approximately 18 years old.  The store’s              
          only employees during the relevant years were petitioner, his               
          wife, his mother, and his two children.  Except for his son,                
          Dustin, who was paid $1,470 during 1985, none of the other family           
          members were paid for working at the store.  These facts,                   
          combined with the pleasure that many derive from raising pets,              
          suggest strongly that the store personally benefited petitioner's           
          family, thereby motivating him to keep it open despite its                  
          losses.                                                                     
               11.  Conclusion                                                        
               Based on our discussion above, we conclude that petitioner             
          operated his store without an "actual and honest" objective of              
          making a profit.***                                                         


               *** We have also reconsidered whether petitioner is liable             
          for the additions to tax determined by respondent under secs.               
          6651(a)(1), 6653(a)(1) and (2), 6653(a)(1)(A) and (B), and 6661,            
          and whether he is liable for the increased rate of interest under           
          sec. 6621.  In light of the Court of Appeals for the Second                 
          Circuit’s opinion, we conclude that petitioner’s reporting                  
          position with respect to his store was not unreasonable.                    
          Accordingly, we hold that he is not liable for the additions to             
          tax for negligence under sec. 6653(a)(1) and (2) (for 1985) and             
          sec. 6653(a)(1)(A) and (B) (for 1986 and 1987).  With respect to            
          the other two additions to tax, and the increased rate of                   
          interest, we adhere to our holdings at T.C. Memo. 1993-536.  The            
                                                             (continued...)           



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