- 11 - operate it, they never had a business plan or took steps to operate the ranch to make a profit. Taking the record as a whole, we find that the facts and circumstances indicate that petitioners did not possess the actual and honest objective of making a profit from their ranch. Therefore, we find that petitioners were not engaged in an activity for profit. Sec. 183(a). Pursuant to section 183(b)(2), deductions are allowed for an activity not engaged in for profit, but only to the extent that gross income exceeds the deductions allowable under section 183(b)(1) without regard to whether or not the activity is engaged in for profit. Petitioners did not prove that they had any such expenses. Because petitioners had no gross income for the taxable years in issue, none of their claimed expenses are deductible. Therefore, we sustain respondent’s determinations. As to the accuracy-related penalties imposed for the taxable years in issue, respondent has satisfied his burden of production under section 7491(c). Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Section 6662(a) imposes a 20 percent penalty on the portion of any underpayment of tax attributable to negligence or disregard of rules or regulations. Sec. 6662(b)(1). Negligence is any failure to make a reasonable attempt to comply with the provisions of the internal revenue laws and includes any failure by the taxpayer to keep adequate books and records or toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011