Deborah Joyce Windisch - Page 17

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               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.                                         




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