- 7 - to petitioner wife’s father, who lived on the land and farmed it. Petitioner further testified that his father-in-law did not pay rent, instead paying taxes in exchange for the right to occupy the land. Petitioner stated that the car and truck expenses which were listed on the Schedule C for this activity were put there in error, and that the expenses should have been listed on the mental health services Schedule C instead. Petitioners did not explain the only other expense on this Schedule C, the mortgage expense, nor did they explain how this activity could have been operated for a profit when the lessee was not required to pay rent. Petitioners produced no evidence supporting a finding of a profit objective in this activity with respect to the above-mentioned factors. We therefore find that petitioners have not met their burden of proving respondent’s determinations to be in error, see Rule 142(a),3 and we sustain respondent’s determination with respect to the rental activity. We now turn to the remaining two activities, both of which are related to the mental health field. Petitioners’ testimony and arguments concerning these activities can be summarized as follows: During each of the years in issue, petitioner was involved in an activity in which he sold videotapes related to 3Sec. 7491(a) does not shift the burden of proof to respondent in this case because petitioners have provided no credible evidence supporting a profit objective with respect to the rental activity. Sec. 7491(a)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011