Estate of Edward Brockenbrough, Deceased, Sharon Brockenbrough, and Suntrust Bank, Coexecutors, and Sharon Brockenbrough - Page 2

                                        - 2 -                                         
                                                 Sec. 6662                           
                         Year      Deficiency       Penalty                           
                         1991      $11,611        $2,322.20                           
                         1992      16,818         3,363.60                            
               Petitioners owned an antique store during the years in                 
          issue.  Petitioners also owned a 52-acre farm on which they bred            
          and trained quarter horses and held three rodeos during the years           
          in issue.  Respondent concedes that petitioners operated the                
          rodeos for profit.  In 1992, petitioners discontinued the horse             
          and rodeo undertakings1 and began to operate a craft fair.  After           
          concessions, the issues for decision are:                                   
               1.   Whether petitioners operated their antique store for              
          profit in 1991 and 1992.  We hold that they did not.                        
               2.   Whether petitioners operated the horse and rodeo                  
          undertakings as one activity in 1991 and 1992.  We hold that they           
          did.                                                                        
               3.   Whether petitioners operated their horse and rodeo                
          activity for profit in 1991 and 1992.  We hold that they did.               
               4.   Whether petitioners are liable for the accuracy-related           
          penalty for negligence under section 6662 for 1991 and 1992.  We            
          hold that they are to the extent discussed below.                           





               1 For purposes of sec. 183, two or more "undertakings" may             
          be one "activity".  Sec. 1.183-1(d)(1), Income Tax Regs.  We                
          refer to horse and rodeo "undertakings" because one of the issues           
          in dispute is whether they were one activity.                               




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