Umit Tarakci - Page 10




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               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.                                 





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