Frank K. B. Wheeler - Page 2




                                         -2-                                          
                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               CHABOT, Judge:  Respondent determined deficiencies in                  
          Federal individual income tax and additions to tax under section            
          6662(a)1 (accuracy-related) against petitioner as follows:                  
                                             Additions to tax                         
                    Year      Deficiency       Sec. 6662(a)                           
                    1993      $5,471         $1,094                                   
                    1994      6,969         1,394                                     
                    1995      8,341          1,668                                    

               After concessions,2 the issues for decision are as follows:            
                    1.  Whether petitioner’s Schedule C activity of making            
               and selling videotapes (hereinafter sometimes referred to as           
               petitioner’s videotape activity) was “not engaged in for               
               profit” within the meaning of section 183 for 1993 through             
               1995; and                                                              
                    2.  Whether petitioner is liable for negligence                   
               additions to tax under section 6662(a) for 1993 through                
               1995.                                                                  




               1    Unless indicated otherwise, all section and chapter               
          references are to sections and chapters of the Internal Revenue             
          Code of 1986 as in effect for the years in issue.                           
               2    The parties have stipulated that (1) petitioner paid or           
          incurred all the expenses reported on his Schedule C for each of            
          the years in issue, (2) these expenses are not “start-up                    
          expenditures” within the meaning of sec. 195, and (3) if the                
          Court holds that petitioner’s videotape activity constituted a              
          trade or business, then all these expenses are deductible.                  




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