- 4 - Commissioner, 94 T.C. 685, 689 (1990); DeVenney v. Commissioner, 85 T.C. 927, 930 (1985). The fact that respondent eventually loses or concedes the case does not establish an unreasonable position. Sokol v. Commissioner, 92 T.C. 760, 767 (1989). In this case, respondent disallowed petitioners' Schedule C deductions for their mail order activity. Petitioners started the mail order activity in 1992. Thereafter, petitioners reported 6 consecutive years of losses on their Schedules C. The information petitioners initially provided to the revenue agent showed that petitioners ran one advertising campaign per year in the first 4 years and none in the next 2 years, that petitioners spent 10 to 15 hours per week on the activity, and that they had never modified their original business plan. Based on this limited information, respondent concluded that the mail order activity was not entered into for profit under section 183. Petitioners provided the same limited information to the Appeals officer. Because petitioners did not provide any additional information, the Appeals Division issued the statutory notice of deficiency. The notice of deficiency stated that petitioners had not established that the activity was entered into for profit, that the claimed Schedule C expenses were ordinary and necessary as required under section 162, or that the expenses were not personal in nature.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011