Arlan L. Rower and Sandra M. Howard - Page 17

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          petitioner's automobile repair activity during that year.                   
          Accordingly, we sustain respondent's determination in the notice            
          that for 1993 petitioners are not entitled to deduct the net loss           
          that they claimed in their 1993 Schedule C with respect to                  
          petitioner's automobile repair activity, and we reject petition-            
          ers' contention that they are entitled to deduct the net loss               
          that they claimed in their 1993 amended Schedule C.5                        
               Petitioners' Claimed Section 1231 Loss                                 
               Petitioners contend that they are entitled to an ordinary              
          loss deduction under section 1231 for 1993 for the loss that they           
          realized on the sale of petitioner's Ferrari.  Respondent con-              
          tends that petitioners are not entitled to that deduction because           
          they have failed to show that they used that automobile in                  
          connection with a trade or business.                                        
               Pursuant to section 1231(a)(1), if the section 1231 gain               
          exceeds the section 1231 loss, that gain and loss are treated as            
          long-term capital gain and loss, respectively.  Pursuant to                 
          section 1231(a)(2), if the section 1231 loss exceeds the section            


          5  Petitioners offered into evidence a document entitled "Profit            
          Intent Test - The Nine Factors".  In that document, petitioners             
          allege certain facts relating to petitioner and his automobile              
          repair activity that are not established by the record in this              
          case.  We have not relied on that self-serving document as                  
          evidence in support of any of the facts that are alleged in that            
          document and that are not otherwise supported by the record in              
          this case.                                                                  






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