Knudsen v. Comm'r
United States Tax Court
Ps filed a motion for reconsideration of our Memorandum Opinion in Knudsen v. Commissioner, T.C. Memo. 2007-340 (Knudsen I). In Knudsen I we held that petitioners were not engaged in their animal breeding activity for profit within the meaning of sec. 183, I.R.C. We concluded that we did not need to decide whether Ps met the requirements under sec. 7491(a), I.R.C., to shift the burden of proof to R because the outcome was based on a preponderance of the evidence.
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Ps filed a motion for reconsideration of our Memorandum Opinion in Knudsen v. Commissioner, T.C. Memo. 2007-340 (Knudsen I). In Knudsen I we held that petitioners were not engaged in their animal breeding activity for profit within the meaning of sec. 183, I.R.C. We concluded that we did not need to decide whether Ps met the requirements under sec. 7491(a), I.R.C., to shift the burden of proof to R because the outcome was based on a preponderance of the evidence. In their motion Ps argue that this Court erred in so concluding. Ps also argue for the first time that each factor under sec.…
1Opinion of the Court
SUPPLEMENTAL OPINION
Marvel, Judge:
On December 19, 2007, pursuant to Rule 161,1 petitioners filed a timely motion for reconsideration of this Court’s Memorandum Opinion in Knudsen v. Commissioner, T.C. Memo. 2007-340 (Knudsen I). In Knudsen I we held that petitioners’ exotic animal breeding activity was not an activity engaged in for profit within the meaning of section 183. Petitioners request that we reconsider whether they satisfied the requirements under section 7491(a) to shift the burden of proof to respondent.
Reconsideration under Rule 161 is intended to correct substantial errors of…
2Cases cited11 opinions
- Diane S. Blodgett v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 2005
- Vaughn v. CommissionerUnited States Tax Court · 1986
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- Robert Griffin Julia Griffin v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 2003
- Stoody v. CommissionerUnited States Tax Court · 1977
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