Forrest Jackson - Page 8




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        Commissioner, 72 T.C. 28, 34 (1979); sec. 1.183-2(b), Income Tax              
        Regs.                                                                         
             We do not believe in the case before us it is necessary to               
        analyze each of the factors enumerated in section 1.183-2(b),                 
        Income Tax Regs.  Rather, we shall focus only on those we believe             
        most important.  Our analysis leads us to conclude that                       
        petitioner’s Packs to Go activity does not rise to the level of a             
        trade or business as that term is used in section 162.                        
             Petitioner did not have any gross receipts (much less make               
        any profit) from her Packs to Go activity in 2001, 2002, or 2003.             
        Nor does the record indicate that Packs to Go owned tangible                  
        assets or even possessed a bank account at any time.  The                     
        following colloquy between Special Trial Judge Powell and                     
        petitioner during the trial indicates that Special Trial Judge                
        Powell had difficulty accepting petitioner’s assertion that Packs             
        to Go was operated with the requisite “actual and honest objective            
        of making a profit”:                                                          

             The Court:  And I’m not exactly sure I understand right now              
             after listening for almost three hours what your business is.            
             Ms. Jackson:  Your Honor, my business is a-–and again it’s               
             two-fold.  It’s the practical side of packing boxes because I            
             see this every day for Federal Express, and this was one-–as             
             a driver, when we get a call to come to--                                
             The Court:  But if you did that, you would have some income.             
             Ms. Jackson:  I would have income if people paid me, and if--            








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