- 6 - 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 fromPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011