Anthony J. Carino, Jr. and Jill V. Carino - Page 12




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          effect to these types of arrangements in the case of a parent and           
          child.  See, e.g., Nova v. Commissioner, supra.                             
               Mr. Carino admitted at trial that he derived some degree of            
          personal enjoyment from his involvement in his daughter’s dancing           
          activities; however, he claims that just because someone enjoys             
          an activity should not be conclusive with respect to the issue              
          before us, citing the enjoyment he derives from his legal                   
          practice.  The satisfaction Mr. Carino derives from his legal               
          practice cannot be compared in principle to the satisfaction he             
          derives in guiding his daughter in her endeavors.  With respect             
          to his daughter’s dancing activities, the personal satisfaction             
          to Mr. Carino is so substantial in our view that it constitutes             
          the primary motivation for engaging in the activity, especially             
          where, as here, the possibility of making a profit is so very               
          small.  See Bush v. Commissioner, supra; Stasewich v.                       
          Commissioner, T.C. Memo. 2001-30; Burger v. Commissioner, T.C.              
          Memo. 1985-523, affd. 809 F.2d 355 (7th Cir. 1987); sec. 1.183-             
          2(b)(9), Income Tax Regs.                                                   
               Mr. Carino is a successful attorney engaged in a profitable            
          legal practice.  Together, he and his wife reported substantial             
          annual income during the times relevant herein.  However, they              
          also expended considerable amounts in furtherance of their                  
          daughter’s dancing activities.  They seek here to offset their              
          income in 1996 by the expenses Mr. Carino incurred with respect             






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