Douglas E. Kahle - Page 10

                                               - 10 -                                                 
                  For both years at issue, the Project had no gross income,                           
            because Associates' cost of goods sold exceeded its gross                                 
            receipts on Project sales.  See Beatty v. Commissioner, 106 T.C.                          
            268, 273 (1996); supra pp. 3-4.  Because the Project had no gross                         
            income, the gross income from the Rental Operations cannot be                             
            less than 20 percent of the Project's gross income, and the                               
            Rental Operation cannot be combined into the active Project                               
            operation.                                                                                
                  In 1989, neither operation had any gross income, so the                             
            exception cannot be applied.  In 1988, when the Rental Operation                          
            had gross income of $11,366, the Project operation could be                               
            combined, via the de minimis exception and the predominant                                
            character rule of section 1.469-1T(e)(3), Temporary Income Tax                            
            Regs., supra, into the Rental Operation, a result neither party                           
            seeks.  Although petitioner attempts to rely upon the de minimis                          
            exception, it would work only to his detriment in this case.  Cf.                         
            Moore v. United States, supra at 617.                                                     


                  Additions to Tax and Penalties                                                      
                  For the 1988 taxable year, respondent has determined                                
            additions to tax for delinquency, negligence, and substantial                             
            understatement under sections 6651(a)(1), 6653(a)(1), and 6661.                           
            For the 1989 taxable year, respondent has determined an addition                          
            to tax for delinquency under 6651(a)(1) and a penalty for                                 
            negligence under section 6662.  Petitioner has the burden of                              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011