Steven Carl Akerson - Page 10

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                  D.  One Activity or Two                                                                
                  Respondent contends that petitioner operated two activities,                           
            a resort activity with no profit motive and a solar equipment                                
            activity with a profit motive.  Because we find that petitioner                              
            engaged in the resort activity with a profit motive, it is not                               
            necessary for us to decide whether the solar equipment business                              
            was a separate activity.                                                                     
                  E.  Conclusion                                                                         
                  Petitioner's activity of operating Playa de los Vivos was                              
            an activity engaged in for profit within the meaning of section                              
            183(c).  Accordingly, petitioner's expenses attributable to that                             
            activity are allowable as deductions.                                                        
            II.  Negligence                                                                              
                  Respondent determined that petitioner is liable for the                                
            accuracy-related penalty prescribed by section 6662 with respect                             
            to 1989 and 1990.  Because we have not sustained respondent's                                
            determination of tax deficiencies in petitioner's income tax for                             
            the years in issue, there is no basis for the imposition of the                              
            penalties determined by respondent.                                                          
                  In light of the foregoing,                                                             

                                                             Decision will be entered                    
                                                       for petitioner.                                   








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