Charles H. Butler and Judith K. Butler - Page 11

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                                                OPINION                                                  
                  We must decide whether petitioners' activities were "not                               
            engaged in for profit" within the meaning of section 183(c).                                 
            Section 183(a) provides that, if an activity engaged in by an                                
            individual is not engaged in for profit, no deduction                                        
            attributable to that activity shall be allowed except as provided                            
            in section 183(b).4  Section 183(c) defines an activity not                                  
            engaged in for profit as "any activity other than one with                                   
            respect to which deductions are allowable for the taxable year                               
            under section 162 or under paragraph (1) or (2) of section 212."                             
            Sec. 183(c).  Section 162 allows a deduction for all ordinary and                            
            necessary expenses paid or incurred in carrying on a business.                               
            Section 212 allows a deduction for all the ordinary and necessary                            
            expenses paid or incurred for the production or collection of                                
            income, or for the management, conservation, or maintenance of                               
            property held for the production of income.                                                  
                  Whether deductions are allowable under section 162 or 212                              
            depends on whether the taxpayer engaged in the activity with the                             
            objective of making a profit.  Elliott v. Commissioner, 90 T.C.                              
            960, 970 (1988), affd. without published opinion 899 F.2d 18 (9th                            

                  4 In the case of an activity not engaged in for profit, sec.                           
            183(b)(1) allows a deduction for expenses that are otherwise                                 
            deductible without regard to whether the activity is engaged in                              
            for profit.  Sec. 183(b)(2) allows a deduction for expenses that                             
            would be deductible if the activity were engaged in for profit                               
            but only to the extent the total gross income derived from the                               
            activity exceeds the deductions allowed by sec. 183(b)(1).                                   




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