Carlos H. and Maria C. Gonzalez - Page 7

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          1997                $ 24,785                                                
          1998                  44,752                                                
          1999                  41,020                                                
          2000                  41,492 (year at issue)                                
          2001                  44,225 (year at issue)                                
          2002                  19,667 (not before the Court)                         
          Total losses      $215,941                                                  

               The profits or losses for the years prior to 1997 were not             
          presented at trial.  It appears that the years 2000 and 2001 are            
          the only years in which this activity has been called into                  
          question by the IRS.  Petitioners acknowledged at trial that they           
          are no longer reporting income and expenses with respect to this            
          activity on their Federal income tax returns.                               
               Petitioners’ brief focuses exclusively on the argument that            
          the losses they incurred for the 2 years at issue came from an              
          activity engaged in for profit, and that, under section 183, they           
          are entitled to deductions for the expenses incurred for the 2              
          years in question.  Respondent, however, focuses the issue as               
          follows:                                                                    

                    Petitioners’ opening brief suffers from one serious               
               logical fallacy.  The basic premise of the brief is that Mr.           
               and Mrs. Gonzalez operated an oil field equipment                      
               exportation business during the years 2000 and 2001.                   
               Petitioners then attempt to explain how its operation                  
               comported with the factors the Court looks to to determine             
               whether it was an activity entered into for profit.                    
               Respondent asserts that this approach ignores a much more              
               basic question; was there actually an activity.                        
                    Petitioners claim that they operated their business in            
               the United States, and they also maintained a presence in              
               Colombia.  Respondent asserts that there is no evidence that           
               there was ever a business.  Petitioners reported losses from           





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