Anthony Ranciato and Lucille Ranciato - Page 10

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          amounts of these profits.  We find petitioner's testimony with              
          respect thereto, which was the only evidence that petitioner                
          presented as to the amounts and years of the early years’                   
          profits, to be inconsistent and vague.  For example, petitioner             
          testified that his store earned approximately $225,000 to                   
          $275,000 in the early 1960's.  He also testified, however, that:            
          (1) These earnings were gross receipts, rather than net profits,            
          (2) he did not know the store’s net profit for any of its years,            
          and (3) with the exception of 1962 through 1965, he did not know            
          the specific years in which the store earned a profit.                      
          Accordingly, we are unable to conclude that petitioner's store              
          profited in each of its years from 1962 until 1979, although                
          petitioner’s testimony established that the store earned a profit           
          from 1962 through 1965, and his testimony indicates that the                
          store may have earned a profit in other years prior to 1980.                
               In our view, the profits made by the store from 1962 through           
          1965 have only limited weight in determining whether petitioner             
          had a profit motive during the subject years, over 20 years                 
          later.  It is clear that the store sustained consistent losses              
          beginning at least as early as 1980.  Petitioner offered no                 
          evidence at trial, other than his self-serving testimony, to                
          support his assertion that he anticipated his pattern of losses             
          would change.  He offered no analysis of when he anticipated the            








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