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