Csaba L. Magassy and Frances H. Magassy - Page 17

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          proving that petitioner and SMSM engaged in the activity in                 
          question with an actual and honest objective of realizing a                 
          profit.  Hendricks v. Commissioner, 32 F.3d 94, 98 (4th Cir.                
          1994), affg. T.C. Memo. 1993-396.  The parties do not cite                  
          section 7491, and no claim is made herein that the burden of                
          proof should be shifted to respondent.                                      
               Although the section 183 analysis with respect to the                  
          activities of an S corporation is applied at the corporate level,           
          a taxpayer’s objective or intent is attributable to his wholly              
          owned S corporation.  Ballard v. Commissioner, T.C. Memo. 1996-             
          68; sec. 1.183-1(f), Income Tax Regs.                                       
               A profit objective in an earlier year does not give a                  
          taxpayer a blank check with regard to losses incurred in later              
          years (i.e., in a later year an activity may be treated as an               
          activity not engaged in for profit even though in an earlier year           
          the activity may have been conducted by the taxpayer with a                 
          profit objective).  See dicta in Dennis v. Commissioner, T.C.               
          Memo. 1984-4; Daugherty v. Commissioner, T.C. Memo. 1983-188.               
               To determine whether a taxpayer had the requisite profit               
          objective, we consider all of the surrounding facts and                     
          circumstances.  Keanini v. Commissioner, supra at 46 (citing                
          Lemmen v. Commissioner, 77 T.C. 1326, 1340 (1981)); Golanty v.              
          Commissioner, supra at 426; sec. 1.183-2(a) and (b), Income Tax             
          Regs.                                                                       






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