- 19 - each realized in 1988 with regard to their investment in the LB Partnership should not be allowed to offset petitioners' nonpassive income. We agree with respondent. The only evidence presented at trial regarding petitioners' participation in the LB Partnership was Joseph's uncorroborated testimony that he spent hundreds of hours researching potential stallions to breed with La Barbara and the 1988 calendar log that reflected 15 entries for phone calls petitioners made relating to the LB Partnership. The evidence petitioners presented at trial does not establish that petitioners spent over 100 hours participating in the LB Partnership. Petitioners have not met their burden of proof on this issue. See Rule 142; Goshorn v. Commissioner, T.C. Memo. 1993-578. We sustain respondent's determination that the section 469 passive activity loss rule applies and that petitioners are not permitted to offset the loss from the LB Partnership against their nonpassive income. Additions to Tax Section 6651(a)(1) provides that where a taxpayer fails to timely file a Federal income tax return (determined with regard to any valid extension of time for filing) and where such failure is not shown to be due to reasonable cause rather than to willful neglect, there shall be added to the tax due, for each month thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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