Diana T. Vorsheck John P. Vorsheck v. Commissioner of Internal Revenue Service
Opinion
Opinion
Diana Todaro Vorsheck and John P. Vor-sheck appeal pro se the tax court’s decision upholding the Commissioner of Internal Revenue’s (“Commissioner”) determination of a tax deficiency of $10,910 for the 1982 tax year. The tax court upheld the Commissioner’s disallowance of a deduction for losses incurred through their investment in Western Reserve Oil & Gas Co., Ltd. (“WROG”), a limited partnership, because WROG did not have a profit motive. In addition, the tax court upheld the 10% penalty for substantial understatement of income tax pursuant to 26 U.S.C. § 6661 . The Vorshecks contend that they invested in WROG with an intent to make a profit, and that they should not be liable for the penalty under section 6661 because they acted reasonably in their investment. We have jurisdiction pursuant to 26 U.S.C. § 7482 , and affirm in part, reverse in part.
The tax court’s rulings of law are reviewable de novo. Vukasovich, Inc. v. Commissioner, 790 F.2d 1409, 1413 (9th Cir.1986). The issue of whether the Vorshecks invested in WROG with the requisite profit motive is a finding of fact reviewable for clear error. Baxter v. Commissioner, 816 F.2d 493, 495-96 (9th Cir. 1987).