Scott Wesley Williams; Michaele Anna Williams v. Commissioner of Internal Revenue

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SCOTT WESLEY WILLIAMS;
MICHAELE ANNA WILLIAMS,
Petitioners-Appellants,
v.
COMMISSIONER OF INTERNAL
REVENUE,
Respondent-Appellee.
No. 15-71505
Tax Ct. No. 4640-12
MEMORANDUM*
Appeal from a Decision of the
United States Tax Court
Submitted May 24, 2019**
Before: GOODWIN, LEAVY, and SILVERMAN, Circuit Judges.
Scott Wesley Williams and Michaele Anna Williams appeal pro se the Tax
Court’s denial of their petition for redetermination of a federal income tax
deficiency for 2007. We have jurisdiction under 26 U.S.C. § 7482(a)(1). We
review de novo the Tax Court’s conclusions of law and for clear error its factual
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 29 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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findings. Meruelo v. Comm’r of Internal Revenue, 691 F.3d 1108, 1114 (9th Cir.
2012). We affirm.
The Tax Court properly found that Scott Williams’s airplane-rental and
telephone-skills-training activities did not constitute an “appropriate economic
unit,” and therefore that he did not materially participate in the airplane-rental
activity for more than 500 hours for purposes of avoiding the rule prohibiting the
deduction of passive activity loss from non-passive income. See 26 U.S.C.
§ 469(a) (providing that taxpayers generally may not deduct “passive activity loss”
against non-passive income); id. § 469(c)(1) (“The term ‘passive activity’ means
any activity—(A) which involves the conduct of any trade of business, and (B) in
which the taxpayer does not materially participate.”); Treas. Reg. § 1.469-4(c)(2)
(allowing taxpayers to group activities for purposes of applying this rule if the
activities constitute “an appropriate economic unit”); id. § 1.469-5T(a)(1) (a
taxpayer materially participates in an activity if, inter alia, the taxpayer
“participates in the activity for more than 500 hours” during the taxable year).
The Tax Court properly found that the burden of proof on whether the
activities constituted an appropriate economic unit did not shift to the
Commissioner. See 26 U.S.C. § 7491(a)(1) (“if, in any court proceeding, a
taxpayer introduces credible evidence with respect to any factual issue relevant to
ascertaining the liability of the taxpayer for any tax imposed by subtitle A or B, the

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Secretary shall have the burden of proof with respect to such issue”); Davis v.
Comm’r of Internal Revenue, 394 F.3d 1294, 1298 n.2 (9th Cir. 2005) (“The
taxpayer bears the burden of showing that he or she meets every condition of a tax
exemption or deduction.”).
AFFIRMED.

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