Ralph D. and Brenda Konchar - Page 5

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          petitioner's business expense deductions are automobile and                 
          travel, and meals and entertainment expenses of over $10,000 for            
          1996 and 1997 and over $7,000 for 1998.                                     
               The parties agree that petitioner did not assess the                   
          profitability of her Mary Kay activity and did not analyze any              
          records to determine whether she could improve her Mary Kay                 
          profitability.                                                              
               Respondent determined that petitioner did not conduct her              
          Mary Kay activity with the honest objective to make a profit and            
          that if she did so conduct her activity, she has failed to                  
          substantiate some of her business expenses for 1996 and has                 
          failed to substantiate any of her business expenses for 1997 and            
          1998.                                                                       
                                     Discussion                                       
               Because petitioner failed to meet the requirements of                  
          section 7491(a)(2), the burden of proof does not shift to                   
          respondent in this case.1                                                   
               Section 183(a) generally provides that if an activity                  
          engaged in by an individual is not entered into for profit, no              
          deduction attributable to the activity shall be allowed, except             


               1Sec. 7491 is effective with respect to court proceedings              
          arising in connection with examinations by the Commissioner                 
          commencing after July 22, 1998, the date of its enactment by the            
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.                               





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