Vanessa K. Bernardo - Page 14

                                       - 14 -                                         
          agree to some level of continued profit participation by                    
          petitioner for some period of time.  But, as of 1999, there had             
          been no negotiation, and the subject was not one to which                   
          petitioner had given much thought.  At best, petitioner, in 1999,           
          had a vague notion that she might retain an interest in the                 
          profits of Cool G Records after she had been fully reimbursed for           
          her expenditures.  But her obvious indifference to that                     
          eventuality while continuing to lay out money in support of                 
          Melissa’s career indicates that her financial support of Melissa            
          was motivated by parental affection rather than by the                      
          anticipation of economic profit.  Petitioner’s support of                   
          Melissa, the student and daughter, did not differ in kind from              
          her support of Melissa, the aspiring professional.                          
               Based upon the foregoing, we find that petitioner has failed           
          to provide credible evidence that she made her expenditures on              
          behalf of Cool G Records “with the objective of making a profit”,           
          as required by section 183 and by section 1.183-2(a), Income Tax            
          Regs.                                                                       
               Assuming arguendo, however, that there had been a meeting of           
          the minds between petitioner and Melissa in 1999 and, under their           
          arrangement, petitioner would be entitled to a 50-percent profit            
          share for some period of time after she had recovered her                   
          expenses, the result would be the same.  Petitioner’s payment of            
          expenses in furtherance of Melissa’s professional music career              






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011