Anthony J. McCarthy - Page 4

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          management fees consisted solely of the vouchers that Benjamin              
          gave to petitioner.                                                         
               Petitioner reported gross receipts in the amount of $2,250             
          on his 1993 Schedule C as management fees, representing the                 
          vouchers he received from Benjamin.  He claimed Schedule C                  
          expenses related to Benjamin's racing activity in the amount of             
          $15,467, which produced a loss of $13,217.  In the statutory                
          notice of deficiency, respondent disallowed the claimed loss on             
          the ground that the expenses paid or incurred in connection with            
          the racing activity were for an activity not entered into for               
          profit under section 183.                                                   
               Respondent's determinations in the statutory notice of                 
          deficiency are presumed to be correct, and petitioner bears the             
          burden of proving otherwise.  Rule 142(a); Welch v. Helvering,              
          290 U.S. 111, 115 (1933).  Moreover, deductions are strictly a              
          matter of legislative grace, and petitioner bears the burden of             
          proving his entitlement to any deductions claimed.  Rule 142(a);            
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New                  
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                    
               Petitioner claims that during 1993 he was engaged in the               
          business of managing his 13-year-old son's motocross racing                 
          career.3  He and Benjamin each testified that they had an                   
          unwritten understanding that petitioner would take care of the              


          3         Benjamin turned 13 years old on April 14, 1993.                   




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