George W. and Margaret L. Gagnon - Page 7

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               Section 162(a) allows taxpayers to deduct the ordinary and             
          necessary expenses of carrying on a trade or business.  Where a             
          taxpayer conducts an activity not as a trade or business, section           
          183 allows deductions generally to the extent the activity                  
          generates gross income.  To be engaged in a trade or business               
          within the meaning of section 162, "the taxpayer must be involved           
          in the activity with continuity and regularity and * * * the                
          taxpayer's primary purpose for engaging in the activity must be             
          for income or profit."  Commissioner v. Groetzinger, 480 U.S. 23,           
          35 (1987).                                                                  
               In determining whether an activity is engaged in for profit,           
          the taxpayer must show an actual and honest objective of making a           
          profit.  Surloff v. Commissioner, 81 T.C. 210, 233 (1983);                  
          Dreicer v. Commissioner, 78 T.C. 642, 644-645 (1982), affd.                 
          without opinion 702 F.2d 1205 (D.C. Cir. 1983).  The                        
          determination whether petitioner had an actual and honest                   
          objective of making a profit requires an examination of all the             
          surrounding facts and circumstances of the case.  Golanty v.                
          Commissioner, 72 T.C. 411, 426 (1979), affd. without published              
          opinion 647 F.2d 170 (9th Cir. 1981); sec. 1.183-2(b), Income Tax           
          Regs.  We give greater weight to the objective facts than to                
          petitioner's mere statement of intent.  Dreicer v. Commissioner,            
          supra at 645; sec. 1.183-2(a), Income Tax Regs.                             
               Section 1.183-2(b), Income Tax Regs., sets forth some of the           
          relevant factors for determining when an activity is engaged in             




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