-12- requests for witnesses, information, documents, meetings, and interviews. Sec. 7491(a)(2)(A) and (B).6 We find that petitioners failed to comply with respondent’s reasonable requests. Id. Although petitioners produced documents respondent requested, petitioners refused to answer respondent’s questions about their farming activity. Respondent was forced to issue petitioners a summons to obtain necessary information to complete the audit. Accordingly, we find that the burden of proof remains with petitioners. II. Whether Petitioners Engaged in Their Lemon Farming Activity for Profit A. Section 183 Generally We now address whether petitioners engaged in their lemon farming activity for profit within the meaning of section 183 during the years at issue. Section 183(a) provides generally that if an individual engages in an activity and “if such activity is not engaged in for profit, no deduction attributable to such activity shall be allowed under this chapter except as provided in this section.” Deductions that would be allowable without regard to whether the activity is engaged in for profit are allowed under section 183(b)(1). Deductions that would be allowable only if the activity were engaged in for profit are allowed under section 183(b)(2), but only to the extent that the 6Sec. 7491 is effective with respect to court proceedings arising in connection with examinations by the Commissioner commencing after July 22, 1998, the date of enactment of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011