- 7 - In addition, we are particularly troubled by the failure of petitioner wife to testify about the research activity. As a full-time librarian for many years, petitioner wife likely possessed significant expertise in the field of information retrieval. In fact, Ms. Helen Page, the revenue agent assigned to audit petitioners' returns, testified that petitioner husband made several representations that his wife was the sole participant in the research activity. Although present at trial, petitioner wife did not testify in support of petitioners' claim that they operated a research business for profit. It may be presumed that her testimony, if given, would have been unfavorable to petitioners. Mecom v. Commissioner, 101 T.C. 374, 385 n.17 (1993), affd. without published opinion 40 F.3d 385 (5th Cir. 1994); Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). After considering the above factors, we find that petitioners have failed to prove that they engaged in the research activity with the requisite profit objective necessary to support deductions under section 162(a).3 We hold that petitioners are not entitled to deduct expenses related to their research activity as trade or business expenses under section 162(a) because such activity was not engaged in for profit, but that such expenditures may be deducted to the extent allowed by 3 Our finding on this point likewise precludes claiming the disputed deductions under section 212(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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