Hugh T. Brown, Jr., and Kristi L. Brown - Page 23




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          listening to petitioner’s testimony, we are convinced that he had           
          an actual and honest objective of making a profit from his gold             
          mining activity.  The evidence in this case simply does not                 
          support any other conclusion.  We hold that petitioners’ gold               
          mining activity during the years in issue was an activity engaged           
          in for profit within the meaning of section 183.                            
               The parties have stipulated that petitioners actually                  
          expended the amounts claimed as deductions on Schedules C of                
          their 1996 and 1997 tax returns.  Respondent disputes whether the           
          amounts in question were expended for the claimed purposes.                 
          Petitioner testified that he expended the funds in the amounts              
          and for the purposes listed on the tax returns.  Respondent                 
          cross-examined him without noticeable success.  We consider                 
          petitioner’s testimony on this subject credible.  The deductions            
          claimed are reasonable.  We sustain petitioners on this issue of            
          substantiation.                                                             
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for petitioners.                         











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