- 2 - and $3,099.60 for the years 2000, 2001, and 2002, respectively.1 The issues presently before the Court for decision are: 1. Whether petitioner Dorothy M. Smith’s direct marketing activities were conducted with an actual and honest intent to profit. We hold that they were not; 2. whether petitioners are liable for penalties pursuant to section 6662(a) and (b)(1). We hold they are not. FINDINGS OF FACT Some of the facts have been stipulated, and the stipulation of facts and the accompanying exhibits are incorporated by this reference. Dr. William C. Smith and his wife Dorothy M. Smith resided in Rossville, Georgia, at the time their joint petition was filed with this Court. Dr. Smith is a medical doctor and was engaged in the practice of medicine during the years at issue. Mrs. Smith graduated from college with training as an accountant. Later Mrs. Smith became a registered nurse and worked as a nurse from 1981 to 1995. During this period, Mrs. Smith also worked as an administrator with a home health agency. At the end of this period, Mrs. Smith was earning approximately $75,000 a year. 1Unless otherwise indicated, all section references are to the Internal Revenue Code, as in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007