Allen and Mary Doxtator - Page 20

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          receipts, much less profits, from the enterprise during the years           
          at issue; Mr. Doxtator conceded that the reported gross receipts            
          were actually payments for travel expenses.                                 
               Considering all of the foregoing factors, we conclude that             
          petitioners have failed to show error in respondent's                       
          determination that the Native American Finance activity was not a           
          trade or business within the meaning of section 162(a).                     
          Accordingly, we sustain respondent's determination to disallow              
          the cost of goods sold in 1997.  We also sustain respondent's               
          determination to disallow the claimed expense deductions in 1997            
          and 2000 and to reclassify the gross receipts reported on the               
          respective Schedules C as income from activities not engaged in             
          for profit.13                                                               
          Capital Gains                                                               
               Respondent determined that petitioners received $15,720 in             
          1999 from the sale of stocks in which they had a basis of                   
          $14,720, resulting in short-term capital gain of $1,000 in 1999.            
          Respondent further determined that petitioners had long-term                
          capital gain of $146 in that year.                                          
               Petitioners concede that stocks held in Mrs. Doxtator's name           
          that were sold in 1999 generated the $15,720 in proceeds noted              
          above.  They also have not challenged, in their testimony or on             

               13 This is the effective result of moving the gross receipts           
          from Schedule C to line 21, "Other Income", on the Form 1040 as             
          respondent did in the notice of deficiency.                                 





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