-2- Respondent determined deficiencies in, additions to, and an accuracy-related penalty on petitioner's Federal income taxes as follows: Additions to Tax Penalty Sec. Sec. Sec. Sec. Year Deficiency 6651(a) 6653(a)(1) 6654 6662(a) 1988 $2,591 $586 $130 -- -- 1989 4,039 985 -- $15 -- 1990 5,287 1,322 -- 294 -- 1991 7,586 -- -- -- $1,517 After concessions by the parties,2 the issues for decision are: (1) Whether petitioner's artist activity was "not engaged in for profit" within the meaning of section 183(c); (2) whether petitioner can substantiate claimed expenses; and (3) whether petitioner is liable for the additions to tax and an accuracy- related penalty as determined by respondent. The resolution of issue (1) will necessarily determine whether the income from petitioner's artist activity is properly classified as gross income derived from business or as miscellaneous income and short-term capital gain. Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are 2In the notice of deficiency, respondent disallowed deductions for auto, entertainment, and transportation expenditures for 1988 and also determined that petitioner had unreported interest income for 1990. Petitioner presented no testimony or other evidence on these issues, and we deem them to be conceded.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011