- 10 - 3Petitioner concedes that some of the meal expenses were not related to Cilena and further that the meal expenses attributable to Cilena must be reduced. Accordingly, the meal expenses at issue are $36. On February 3, 1999, respondent issued a notice of deficiency for the year 1993 disallowing petitioner’s entire business loss. Petitioner timely filed a petition to this Court seeking a redetermination. In his amended answer to the petition, respondent asserted that petitioner’s 1993 business loss was subject to the passive activity loss limitations of section 469. OPINION I. Trade or Business of Leasing Equipment The notice of deficiency disallowed petitioner’s deductions for a variety of reasons, one of which was that petitioner did not establish that he was in the trade or business of leasing equipment. Respondent did not make this argument in his original brief and only alluded to it in his reply brief.8 Based on the evidence in the record, we hold that petitioner engaged in the trade or business of leasing equipment with the primary purpose of making a profit. See Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987); Wolf v. Commissioner, 4 F.3d 709, 713 (9th Cir. 1993), affg. T.C. Memo. 1991-212; Warden v. Commissioner, T.C. Memo. 1995-176, affd. without published 8Respondent has not challenged whether the provision of consulting services and operation of a portable clean room were trade or business activities of petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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