- 20 - 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.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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