Harry E. Thomason and Estate of Hattie D. Thomason, Deceased, Mary T. Crist, Personal Representative - Page 22

                                       - 22 -                                         

               Petitioner's testimony was highly ambiguous with respect to            
          both the activities of Thomason Solar and the existence of his              
          own individual solar energy activities, if any, in 1991.                    
          Additionally, petitioner was wholly unresponsive to respondent's            
          request for him to enlighten the Court as to his methods for                
          differentiating between his corporate and noncorporate                      
          activities.  The types of expenses that petitioner asserts are              
          attributable to his solar energy activity in 1991 (i.e., canceled           
          checks) fit within the parameters of the meagerly described                 
          purpose and activities of Thomason Solar.                                   
               Petitioner has failed to satisfy his burden of proving that            
          he, individually, carried on any solar energy activities in 1991            
          in addition to or separate from those activities conducted                  
          through Thomason Solar.  He further failed to prove that any of             
          the expenses he alleges are attributable to his solar energy                
          activity in 1991 were not properly deductible on the corporate              
          return of Thomason Solar.                                                   
               On this record, the Court is satisfied that the expenses               
          petitioner alleges are attributable to his solar energy activity            
          in 1991 would have been properly deductible on the corporate                
          return of Thomason Solar, rather than on petitioners' individual            
          return for 1991.  Consequently, the Court holds that petitioners,           
          as individuals, were not engaged in a solar activity as a trade             
          or business during 1991.                                                    





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011