Richard E. Cramer - Page 2




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          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.                                             





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