- 17 - Based on the record in the instant case, we hold that, during the years in issue, petitioner has not met her burden of proving that her photography activity was not an activity not engaged in for profit within the meaning of section 183(c). Consequently, the deductions claimed with respect to it are allowable only as provided by section 183(b). Based on the record, we are satisfied that petitioner has established that she incurred expenses deductible pursuant to section 183(b) in amounts at least equal to the amounts of gross income realized from her photography activity.4 Section 6651(a) Addition to Tax Respondent determined that petitioner was liable for the addition to tax provided by section 6651(a) for 1990 and 1991. Where a taxpayer fails to file an income tax return on the date prescribed for filing, section 6651(a)(1) imposes an addition to tax equal to 5 percent of the amount required to be shown on the return, with an additional 5 percent to be added for each additional month or partial month during which the failure continues, not exceeding 25 percent in the aggregate. The addition to tax does not apply where the taxpayer demonstrates 4 We note that petitioner has not established the amount of any cost of goods sold or deductible expenses attributable to the other activities the income from which is reported on her Schedules C for the years in issue.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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