- 15 - b. Petitioner’s Motive for Operating Store The Court of Appeals for the Second Circuit questioned petitioner’s motive for operating his store. Respondent claims that petitioner operated his store as a valued family project. As indicated above, we agree. Petitioner and his parents started the store when he was approximately 18 years old. The store’s only employees during the relevant years were petitioner, his wife, his mother, and his two children. Except for his son, Dustin, who was paid $1,470 during 1985, none of the other family members were paid for working at the store. These facts, combined with the pleasure that many derive from raising pets, suggest strongly that the store personally benefited petitioner's family, thereby motivating him to keep it open despite its losses. 11. Conclusion Based on our discussion above, we conclude that petitioner operated his store without an "actual and honest" objective of making a profit.*** *** We have also reconsidered whether petitioner is liable for the additions to tax determined by respondent under secs. 6651(a)(1), 6653(a)(1) and (2), 6653(a)(1)(A) and (B), and 6661, and whether he is liable for the increased rate of interest under sec. 6621. In light of the Court of Appeals for the Second Circuit’s opinion, we conclude that petitioner’s reporting position with respect to his store was not unreasonable. Accordingly, we hold that he is not liable for the additions to tax for negligence under sec. 6653(a)(1) and (2) (for 1985) and sec. 6653(a)(1)(A) and (B) (for 1986 and 1987). With respect to the other two additions to tax, and the increased rate of interest, we adhere to our holdings at T.C. Memo. 1993-536. The (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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