- 14 - Conclusion On the basis of our discussion above, we conclude that petitioner engaged in his Windmill Distillery activity without an actual and honest objective of making a profit. In light of our conclusion that taxpayer did not have sufficient profit motive to satisfy the requirements of section 174, we also conclude he did not meet the requirements of section 162 and may not deduct amounts he claimed as ordinary and necessary business expenses in connection with his Windmill Distillery activity. Other Disallowed Deductions, Additions to Tax, and Penalties Petitioner presented no evidence at trial and made no arguments in his brief with respect to respondent's disallowance of deductions for meal expenses, eyeglasses, and the attorney licensing fees. Similarly, at trial and on brief, petitioner did not address the 1988 addition to tax for negligence or the 1989 and 1990 accuracy-related negligence penalties. The burden of proof is on petitioner to show that respondent's determinations set forth in her notice of deficiency are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. at 115. Petitioner has not met his burden with respect to these issues; accordingly we affirm respondent's determinations. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011