Michael J. Rozzano, Jr., and Rose Marie Rozzano - Page 11




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          the burden of proof shifts to respondent.  Sec. 7491(a)(1); Rule            
          142(a).  Because the issue in this case is a legal one, we reach            
          our decision without regard to the burden of proof.  However,               
          petitioners contend that section 7491(a) and Rule 142(a) are                
          applicable with respect to the increases in the deficiencies                
          pleaded in respondent’s answer.  They are correct on this point.            
               In deciding whether petitioners’ horse-boarding activity was           
          engaged in for profit during the taxable years at issue, we must            
          inquire whether petitioners had an actual and honest objective of           
          making a profit from the activity.  Dreicer v. Commissioner, 78             
          T.C. 642, 645 (1982), affd. without opinion 702 F.2d 1205 (D.C.             
          Cir. 1983).  The taxpayers’ expectation need not be a reasonable            
          one.  Id. at 644-645; Golanty v. Commissioner, 72 T.C. 411, 425             
          (1979), affd. without published opinion 647 F.2d 170 (9th Cir.              
          1981); sec. 1.183-2(a), Income Tax Regs.  Whether there is                  
          present an actual and honest objective of making a profit is a              
          question of fact that is to be resolved upon a consideration of             
          all relevant circumstances, with the greatest weight being given            
          to the objective factors rather than the taxpayers’ expression of           
          their intent.  Dreicer v. Commissioner, supra at 645; Golanty v.            
          Commissioner, supra at 426; sec. 1.183-2(a) and (b), Income Tax             
          Regs.                                                                       
               Section 1.183-2(b), Income Tax Regs., lists these relevant             
          factors that we now consider:  (1) The manner in which the                  







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