Arlan L. Rower and Sandra M. Howard - Page 26

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          we do not accept the changes in petitioners' 1993 amended return,           
          by submitting that amended return, petitioners and Mr. Grenville-           
          Jones concede that petitioners' original return for that year is            
          in error.  We are unable to find on the instant record that Mr.             
          Grenville-Jones had the expertise10 and knowledge of the relevant           

          10  To illustrate Mr. Grenville-Jones' lack of expertise with               
          respect to the preparation of petitioners' 1993 return, Mr.                 
          Grenville-Jones testified that he interpreted Publication 334,              
          which he used to prepare petitioners' 1993 Schedule C, to mean              
          that "you have a 2 years from 5 test, which means for 2 years you           
          can run a loss and you can presume that loss to be a valid                  
          deduction unchallenged by the IRS, unless IRS shows it is not               
          valid, which means, if they challenge that profit motivation,               
          they have the burden of proof to challenge on the second year               
          while you're not making a profit."  He further stated:  "So I               
          refer to the IRS publication [334], and it's the second year of             
          operation, therefore, that tells me he [petitioner] can file with           
          certainty he will not be challenged at audit."  However,                    
          Publication 334 states the following:                                       
               Presumption of Profit                                                  
               An activity is presumed carried on for profit if it                    
               produced a profit in at least 3 of the last 5 tax years                
               including the current year. * * * You have a profit                    
               when the gross income from an activity is more than the                
               deductions for it.                                                     
                        *     *     *     *     *     *     *                         
                    If your business or investment activity passes                    
               this 3- * * *  years-of-profit test, presume it is                     
               carried on for profit. * * * You can take all your                     
               business deductions from the activity, even for the                    
               years that you have a loss.  You can rely on this                      
               presumption in every case, unless the IRS shows it is                  
               not valid.                                                             
          Publication 334 does not state, as Mr. Grenville-Jones testified,           
                                                             (continued...)           






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