Michael J. Rozzano, Jr., and Rose Marie Rozzano - Page 16




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          Sugar Tree, and of their efforts to reduce hay and other costs,             
          dispositive on the issue of their profit motive.  It is beyond              
          this Court’s purview to second-guess petitioners’ business                  
          judgment or the manner of operations of their business.  We                 
          decline to do so.                                                           
               In this case, we are presented with taxpayers who admit that           
          during 1999, they became aware that they could not make a profit            
          but yet still continued business operations while taking steps to           
          mitigate their expenses until the business and property could be            
          sold.  Accordingly, we now address whether petitioners’ admission           
          at trial should trump the other facts and circumstances of this             
          case.                                                                       
               While we cannot disregard Mr. Rozzano’s admission that at              
          some point in 1999 he realized that his hopes of turning the                
          boarding activities into a profitable business were unattainable            
          we do not find that as of that moment, petitioners’ activities              
          ceased to be a bona fide business within the meaning of section             
          183.  Moreover, our decision comports with this Court’s holding             
          in Dreicer, where greater weight must be afforded to the                    
          consideration of all of the facts and circumstances.  In this               
          case, the facts and circumstances surrounding petitioners’                  
          actions between the time of their realization with respect to               
          profitability in 1999 and the ultimate disposal of the property             








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