James C. and Vivian C. Dodge - Page 8

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          paragraph (1) or (2) of section 212 [expenses incurred for the              
          production of income]."  Section 183(b) permits deductions that             
          would be allowable only if the activity were engaged in for                 
          profit, but such deductions may be taken only to the extent that            
          any gross income generated from the activity exceeds deductions             
          which are not dependent upon a profit objective (e.g., State and            
          local taxes under section 164).                                             
               Although a reasonable expectation of profit is not required,           
          the facts and circumstances must indicate that the taxpayer                 
          entered into the activity, or continued the activity, with the              
          actual and honest objective of making a profit.  Keanini v.                 
          Commissioner, 94 T.C. 41, 46 (1990); Dreicer v. Commissioner, 78            
          T.C. 642, 645 (1982), affd. without published opinion 702 F.2d              
          1205 (D.C. Cir. 1983); sec. 1.183-2(a), Income Tax Regs.  In                
          making this determination, more weight is accorded to objective             
          facts than to the taxpayer's statement of intent.  Engdahl v.               
          Commissioner, 72 T.C. 659, 666 (1979); sec. 1.183-2(a), Income              
          Tax Regs.  Petitioners bear the burden of proving that they                 
          possessed the required profit objective.  Rule 142(a); Dreicer v.           
          Commissioner, supra; Golanty v. Commissioner, 72 T.C. 411, 426              
          (1979), affd. without published opinion 647 F.2d 170 (9th Cir.              
          1981).                                                                      








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