- 18 - purpose and dominant hope and intent of making a profit within the meaning of section 183. II. Failure To Timely File The section 6651(a)(1) additions to tax for 1988, 1989, and 1990 were based on: (1) The deficiencies determined by respondent (the deficiency portion); and (2) amounts petitioners listed on their 1988, 1989, and 1990 Federal income tax returns as due and owing (the return portion). As a result of our holding that Mr. Morley engaged in the horse-breeding activity for profit, petitioners are not liable for the 1985 through 1991 deficiencies. Therefore, petitioners are not liable for the amounts of the section 6651(a)(1) additions to tax attributable to the deficiency portion. As the remaining amounts of the section 6651(a)(1) additions to tax are attributable to the return portion, and not to the deficiencies, we have no jurisdiction over these additions. See sec. 6665(b); Meyer v. Commissioner, 97 T.C. 555, 562 (1991). To reflect the foregoing, Decision will be entered for petitioners.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Last modified: May 25, 2011