- 2 - years in issue. According to the Court of Appeals, "Because it appears that the Tax Court gave undue weight to the sloppy operation of the business, while failing to consider other probative factors, we remand for a more complete consideration of the relevant circumstances." Ranciato v. Commissioner, 52 F.3d 23, 24 (2d Cir. 1995), vacating and remanding T.C. Memo. 1993-536. The Court of Appeals referred to four facts, an analysis of which we did not include in Ranciato I. The facts were: (1) Petitioner was a middle-class wage earner, (2) his losses were "actual", (3) his store had prior years of profit, and (4) he had previously moved his store’s location. Ranciato v. Commissioner, 52 F.3d at 26-27. We have reconsidered the facts of this case, heeding Ranciato v. Commissioner, 52 F.3d at 23, and are left with a firm belief that petitioner did not operate his store during the subject years with the requisite profit intent. Accordingly, we adhere to our holding in Ranciato I. Section references, unless otherwise stated, are to the Internal Revenue Code in effect for the taxable years in issue. Rule references are to the Tax Court Rules of Practice and Procedure. We use the term "petitioner" to refer solely to Anthony Ranciato; Lucille Ranciato is a party mainly because she filed joint Federal income tax returns with Anthony Ranciato during the subject years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011