Michael A. Ogden - Page 5




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          downline distributors.  In addition, many of his downliners had             
          their own downliners.                                                       
               Mr. Ogden or petitioners reported gross income of $1,082,              
          $2,041, and $5,290 in 1993, 1994, and 1995, respectively.  The              
          principal categories of deductions claimed on the Schedule C for            
          1993, 1994, and 1995 are set forth below.  Mr. Ogden or                     
          petitioners claimed deductions for car and truck expenses of                
          $9,613, $11,488, and $12,130, respectively.  They also claimed              
          deductions for travel, meals, and entertainment of $4,931,                  
          $4,153, and $2,242, respectively.  Mr. Ogden or petitioners                 
          deducted total expenses on the Schedules C of $21,322, $21,693              
          and $24,982 during 1993, 1994, and 1995, respectively.  As                  
          stated, respondent determined that these deductions should be               
          disallowed because petitioners did not have the requisite profit            
          objective under section 183.                                                
               Section 183(a) disallows any deductions attributable to                
          activities not engaged in for profit except as provided under               
          section 183(b).  Taxpayers need not have a reasonable expectation           
          of profit.  However, the facts and circumstances must demonstrate           
          that they entered into the activity, or continued the activity,             
          with the actual and honest objective of making a profit.  Taube             
          v. Commissioner, 88 T.C. 464, 478 (1987); Dreicer v.                        
          Commissioner, 78 T.C. 642, 645 (1982), affd. without opinion 702            
          F.2d 1205 (D.C. Cir. 1983); sec. 1.183-2(a), Income Tax Regs.               
          The taxpayer's motive to make a profit must be analyzed by                  




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