Fortunato J. Mendes - Page 17

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          Commissioner, 339 F.2d 377, 380 (2d Cir. 1964), affg. T.C. Memo.            
          1964-2; Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd.             
          without opinion 702 F.2d 1205 (D.C. Cir. 1983); Jasionowski v.              
          Commissioner, 66 T.C. 312, 319 (1976); sec. 1.183-2(a), Income              
          Tax Regs.  Although a taxpayer’s expectation of profit need not             
          be reasonable, there must be a good faith objective of making a             
          profit.  See Dreicer v. Commissioner, supra.                                
               There is no evidence in the record that any of the                     
          properties listed in the 1988 return has ever generated a profit,           
          or that petitioner expected that they would ever become                     
          profitable, either individually or as a group.  To the contrary,            
          petitioner, on brief, indicates that he never believed that his             
          rental properties would become profitable.  For example, in                 
          defense of his nonpayment of estimated taxes for the audit year,            
          petitioner states in his opening brief:                                     
                    Petitioner cannot be held liable for failing                      
                    to file an estimated tax return because the                       
                    Petitioner did not owe any taxes and has                          
                    never owed any taxes to the Internal Revenue                      
                    Service in the more than 50 years he has been                     
                    filing income taxes.  The deductions                              
                    Petitioner has used for this tax year and all                     
                    other tax years have always [been] in excess                      
                    of the income he has earned and therefore                         
                    Petitioner * * * had not [sic] duty to file                       
                    any estimated income tax.  [Emphasis added.]                      
                                                                                     
          Similarly, in his reply brief, petitioner states:                           
                    There was not [sic] need to pay estimated tax                     
                    since I have never owed the IRS an estimated                      
                    tax in 20 years of practicing law and renting                     
                    properties.                                                       





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