Michael J. Rozzano, Jr., and Rose Marie Rozzano - Page 9




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          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...)           






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