- 28 - reflected in their inability to realize a profit in a meaningful time period. Although they followed some business formalities, they failed to plan and project a reasonable method of turning their activity into a profitable enterprise. The facts and evidence in this case lead us to conclude that during the years in issue petitioners were unreasonably willing to sustain massive losses in spite of their improbability of profits. We further find that petitioners failed to prove that their NAS activity was engaged in for profit. Petitioners offered very little evidence to support their contention that the NAS activity was maintained in a business like manner, that profits were ever sustained, or that they had a plan to make this venture profitable. We hold that respondent’s disallowance of petitioners’ losses is sustained. M. Section 6651(a)(1) Addition to Tax Respondent determined additions to tax as a result of petitioners’ failure to timely file their respective tax returns for tax years 1994 and 1995. Section 6651(a)(1) imposes an addition to tax for failure to timely file a tax return. The addition to tax is equal to 5 percent of the amount of the tax required to be shown on the return if the failure to file is not for more than 1 month. Sec. 6651(a)(1). An additional 5 percent is imposed for each month or fraction thereof in which thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011