- 15 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011