- 17 - 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 anyPage: 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