- 2 - objective of making a profit within the meaning of section 183; if so, (2) whether petitioners are entitled to a depreciation deduction for their barn; (3) whether petitioners realized a capital gain in the amount of $2,000 in 1993; and (4) whether petitioners are liable for the accuracy-related penalty pursuant to section 6662(a).2 Background As a preliminary matter, both parties raised relevancy objections to certain exhibits. Rule 401 of the Federal Rules of Evidence, applicable to this Court pursuant to Rule 143 and section 7453, defines relevant evidence as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Upon reviewing the exhibits in question, we find they are relevant within the meaning of rule 401 of the Federal Rules of Evidence. The objections are overruled. Some of the facts have been stipulated, and they are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. At the time they filed their petition, petitioners resided in Whittier, California. Marjorie Pitts (petitioner) acquired her first horse and started training horses in 1958. She started showing horses professionally in 1960 for an executive on the east coast. Two 2 Petitioners raised the issue of innocent spouse (as to one or both) in their petition but conceded the matter at trial.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011