Joseph E. Machado - Page 19

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          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 the            





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