Richard L. and Marjorie A. Pitts - Page 17




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               10. Conclusion                                                         
               While the matter is not free from doubt, on the basis of all           
          the facts and circumstances, we hold that petitioners failed to             
          prove that they engaged in their horse-related activity with the            
          primary purpose and dominant intent of making a profit within the           
          meaning of section 183.  Accordingly, petitioners are not                   
          entitled to horse-related expense deductions in excess of their             
          reported horse-related income.                                              
               As respondent has already prevailed on the primary issue, we           
          need not address the substantiation issue with respect to the               
          depreciation deduction for petitioners’ barn.                               
          Unreported Capital Gain                                                     
               Respondent determined that petitioners failed to report                
          $2,000 they received from the sale of Jenny Sport and Actis                 
          Uptis.  We find that respondent is in error.  According to the              
          chart detailing the income activity of the business, petitioners            
          reported the income from the sale of the horses along with the              
          amounts they collected for boarding and booking fees on their               
          Schedule C.  Petitioners do not have unreported capital gain.               
          Accuracy-Related Penalty                                                    
               Section 6662(a) imposes a penalty of 20 percent on any                 
          portion of an underpayment of tax that is attributable to                   
          negligence or disregard of rules or regulations.  See sec.                  
          6662(a) and (b)(1).  “Negligence” is defined as any failure to              
          make a reasonable attempt to comply with the provisions of the              
          Internal Revenue Code, and the term “disregard” includes any                

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