Anthony Ranciato and Lucille Ranciato - Page 2

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          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.                                                   






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