- 9 - section 183 to the excess of loss reported minus income. In the notice of deficiency, respondent computed the deficiencies by recatagorizing the excess losses as deductible unreimbursed business expenses on petitioners’ Schedules A, Itemized Deductions. OPINION In this case, we are asked to decide whether petitioners’ continuing horse-boarding activity was a bona fide business activity within the meaning of section 183 near the end of its operation. In order to arrive at a decision, our inquiry cannot separate the taxable years before us from the earlier years of petitioners’ business operations. Accordingly, we must consider not only petitioners’ horse-boarding activities in these taxable years but also their activities in prior years to construct an accurate picture of petitioners’ total business activity. Horse-Boarding Activity The parties disagree as to whether petitioners engaged in their Schedule C activity with an objective of making a profit within the meaning of section 183 during the taxable years in issue.3 In addition, petitioners disagree with respondent’s 3 When the case was called for trial, the parties offered into evidence Exhibit 14-J, a document showing that respondent conducted an examination of petitioners’ 1996 Federal income tax return and the results of the audit. Respondent objected on the grounds of a lack of foundation, hearsay, and that petitioners sought to introduce this evidence for estoppel. The Court (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007