Thomas W. and Pamela A. Hill - Page 3

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               Respondent determined a deficiency in petitioners’ Federal             
          income tax of $3,108 for taxable year 2001.  The sole issue for             
          decision is whether the tournament bass fishing activity of                 
          Thomas W. Hill (petitioner) was an activity not engaged in for              
          profit within the meaning of section 183.2                                  
               Some of the facts were stipulated and are so found.  The               
          stipulation of facts and the accompanying exhibits are                      
          incorporated herein by reference.  At the time the petition was             
          filed, petitioners’ legal residence was Lexington, Kentucky.                
               Petitioner began bass fishing for recreation when he was a             
          child.  In 1977, petitioner was appointed general manager of                
          School Supply, Inc., a wholesale distributor and retailer of                
          school and teaching supplies.  He terminated that employment in             
          1978 and incorporated Fayette School Service, Inc. (Fayette), a             
          wholesale school supply company that he operated through 1987.              
          About the time petitioner incorporated Fayette, he began                    
          participating in competitive bass fishing.  His involvement in              
          that activity continued until 1985, when he and a partner started           
          127 Sportsman’s Supply, Inc. (Sportsman’s Supply), a retailer of            
          sporting goods and fishing tackle.  After sustaining losses for 2           


               2Generally, the burden of proof is on the taxpayer.  Rule              
          142(a)(1).  Under sec. 7491(a), the burden of proof shifts to the           
          Commissioner if the taxpayer introduces credible evidence with              
          respect to any factual issue relevant to ascertaining the                   
          taxpayer’s liability.  The facts of this case do not, in the                
          Court’s view, shift the burden of proof to respondent.                      




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