- 9 - fire, disease, theft). A series of years of net income, on the other hand, is “strong evidence” that an activity is engaged in for profit. Id. Indeed, an activity that is not horse-related is presumed to be engaged in for profit if the activity is profitable in at least 2 of 5 consecutive years. Sec. 183(d).** Horse-related activities are presumed to be engaged in for profit when the activity is profitable for at least 2 of 7 consecutive years. Id. Petitioner claimed net losses of $27,377, $27,795, and $20,976 from the store on his 1985, 1986, and 1987 Federal income tax returns, respectively. These losses offset gross income of $66,942, $33,488, and $44,221. Petitioner has not established that any of these losses was due to unforeseen or fortuitous circumstances beyond his control. The Court of Appeals for the Second Circuit observed that our Memorandum Opinion in Ranciato I did not discuss the profitable chapter of the history of petitioner’s store. In Ranciato I, we found that the store “showed a profit in its early years”. We did not regard this finding, however, as a decisive factor in petitioner’s favor. First, we know that petitioner's store reaped a profit in its "early years", but we do not know the specific years in which the store had a profit, or the ** This standard was changed to 3 out of 5 years for taxable years beginning after Dec. 31, 1986.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011