Kenneth D. Shepherd and Martha A. Gregory - Page 7

                                        - 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

Last modified: May 25, 2011