Brad and Teri Montagne - Page 2

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               After concessions,1 the issues for decision are:  (1)                  
          Whether petitioners’ horse training and breeding activity was an            
          activity not engaged in for profit; (2) whether petitioners are             
          liable for self-employment tax; (3) whether petitioners are                 
          liable for an accuracy-related penalty pursuant to section                  
          6662(a);2 and (4) whether petitioners are liable for an addition            
          to tax for failure to file a timely return.                                 
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioners resided in              
          Sturgeon Lake, Minnesota, at the time they filed their petition.            
          Chiropractic Practice                                                       
               Brad Montagne (petitioner) has been a chiropractor for 14              
          years.  He operated his chiropractic practice as a sole                     
          proprietorship in 1997 and 1998.  Petitioner typically works as a           
          chiropractor 5 days a week for 40 hours.                                    

               1  Petitioners conceded every issue raised in the statutory            
          notice of deficiency, except the addition to tax and penalty and            
          whether petitioners are subject to self-employment tax.                     
          Accordingly, petitioners conceded that they had additional                  
          interest income of $2,056 and $1,861 in 1997 and 1998,                      
          respectively.  Petitioners also conceded that they had additional           
          “net schedule C income” of $61,960 and $65,719 in 1997 and 1998,            
          respectively.                                                               
               2  Unless otherwise stated, all section references are to              
          the Internal Revenue Code, and all Rule references are to the Tax           
          Court Rules of Practice and Procedure.                                      




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