Michael Paul Remler and Pauline M. Velez - Page 15

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          fact, conducted for profit as evidenced by other factors.  Sec.             
          1.183-2(b)(9), Income Tax Regs.                                             
               While petitioners testified that they hoped to make a                  
          profit, petitioners also testified that the purpose of their                
          special education activity was to provide GJR, their son, with an           
          education that met his needs as an autistic child.  Taking into             
          consideration the factors discussed above, we find that                     
          petitioners’ predominate motive for undertaking the special                 
          education activity was personal.  These facts weigh in favor of             
          respondent.                                                                 
               In summary, the only factor indicating a profit motive is              
          petitioners’ expertise in dissimilar activities.  This factor is            
          heavily outweighed by the manner in which petitioners conducted             
          the activity, the time and effort they expended, the lack of                
          occasional profits, petitioners’ financial status, and their                
          personal motive.  We hold that petitioners did not engage in the            
          special education activity for profit during the years in issue             
          within the meaning of section 183.                                          
          B.   Section 6662(a) Accuracy-Related Penalty                               
               The second issue is whether petitioners are liable for an              
          accuracy-related penalty.  Respondent determined that petitioners           
          were liable for a penalty of $42 under section 6662(a) for 2000             
          based on petitioners’ omission of their State income tax refund             
          from their return for 2000.                                                 






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