Mark Massingill and Indra Massingill - Page 22

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               After considering the entire record, we hold that petitioner           
          did not engage in the activity of metal mining and refining                 
          during 1990 with the bona fide objective of making a profit.                
          Other than his self-serving testimony, we find that petitioner              
          did not present any evidence that supported his position that he            
          had an actual and honest objective of making a profit from his              
          metal mining and refining activity.  Petitioner, based on his               
          losses, should have been aware that the activity was either                 
          incapable of generating a profit or that his performance and                
          assumptions were seriously flawed.  However, the record does not            
          show that petitioner had a business plan to stem or assuage the             
          losses.  Hence, we find that petitioner has failed to carry his             
          burden of proving that he engaged in that activity with a profit            
          objective.                                                                  
               We hold that petitioner was not engaged in an activity for             
          profit under section 183.  Accordingly, we sustain respondent on            
          this issue.                                                                 
          Failure to File                                                             
               Finally, we decide whether petitioner is liable for the                
          addition to tax under section 6651(a)(1) for failure to file a              
          timely return.  Section 6651(a)(1) provides for an addition to              
          tax of 5 percent of the amount of income tax required to be shown           
          on the return if such failure to file is for not more than 1                
          month, with an additional 5 percent for each month such failure             
          continues, not to exceed 25 percent.  The addition to tax under             




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