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"C J Campbell" wrote:
... I am not sure what you are claiming is a fabrication. Are you saying that Amazon.com and real estate tax shelters would not fail the 3 out of 5 test? .... Pure summary, assuming all this is inappropriate for the NG. Hobby loss rules do not apply to "C" corporations like Amazon or the airlines. "Equal protection" arguments don't apply to noncriminal tax issues, as Congress can allow a tax benefit, or deny a benefit, for makers of widgets, but not gadgets. It can creep into tax-exempt org issues, though. The practical aspects of real-life hobby loss issues tend to render the 3/5 test moot. Recent developments in the shift of burden of proof in Tax Court and reimbursement of representational fees renders even the "rebuttable presumption" rather moot. IOW, it's all a pure factual question, whether the losing, alleged business passes the basic sniff test for hobbies. Unless you are an IRS auditor, of course.... Formerly, but mere Auditor hell. :-) Many yrs in technical, managerial, and training matters; civil and criminal litigation. Reg, Fred F. |
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