- 2 - horse activity was an activity not engaged in for profit under section 183, and (2) whether petitioner is liable for the accuracy-related penalty under section 6662(a). If the Court holds that the show horse activity was an activity engaged in for profit, respondent alternatively claims that the expenses incurred in the activity have not been substantiated.2 Some of the facts were stipulated. Those facts, with the annexed exhibits, are so found and are incorporated herewith. At the time the petition was filed, petitioner's legal residence was Las Vegas, Nevada.3 Petitioner was employed full time during 1996 by Toyota West, a local automobile dealer at Las Vegas, Nevada. Petitioner operated or managed a marketing program for Toyota West that involved the use of independent contractors who referred or 2 In the notice of deficiency, respondent determined that petitioner realized gambling income of $7,052 in excess of the $10,373 gambling income reported on petitioner's 1996 Federal income tax return. At trial, petitioner conceded the $7,052 in additional income but claimed additional losses from gambling for that amount as an itemized deduction. Respondent conceded that claim at trial. 3 Petitioner was married during 1996 and filed a joint Federal income tax return with his wife, Irene Cramer. The notice of deficiency was issued jointly to petitioner and his wife; however, Mrs. Cramer did not petition this Court. Counsel for respondent advised the Court at trial that the deficiency and the sec. 6662(a) penalty had been assessed against Mrs. Cramer, but an appropriate abatement would be made to the assessment against her to the extent that any issues in this case are decided in favor of petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011