Robert L. and Joanne Tammaro - Page 14




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          the petition.  See Bertolino v. Commissioner, 930 F.2d 759, 761             
          (9th Cir. 1991), affg. an unpublished decision of this Court;               
          Sher v. Commissioner, supra at 134-135.  Ordinarily, we consider            
          the reasonableness of each of these positions separately.  See              
          Huffman v. Commissioner, 978 F.2d 1139, 1144-1147 (9th Cir.                 
          1992), affg. in part, revg. in part and remanding on other issues           
          T.C. Memo. 1991-144.  In the present case, however, we need not             
          consider two separate positions because there is no indication              
          that respondent's position changed or that respondent became                
          aware of any additional facts that rendered his position any more           
          or less justified between the issuance of the notice of                     
          deficiency (on August 29, 1997) and the filing of the answer to             
          the petition (on January 9, 1998).                                          
               In order to decide whether respondent's position was                   
          substantially justified we must review the substantive merits of            
          this case.                                                                  
               Respondent determined that petitioner’s horse activity was             
          not engaged in with a profit objective.  Thus, we inquire whether           
          respondent had a reasonable basis in fact and law for determining           
          that petitioner did not engage in his horse activity with an                
          actual and honest objective of earning a profit.  See Dreicer v.            
          Commissioner, 78 T.C. 642, 645 (1982), affd. without opinion 702            
          F.2d 1205 (D.C. Cir. 1983).                                                 








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