Robert E. Wadlow and Connie V. Wadlow - Page 7




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               Section 183 disallows (with certain nongermane exceptions)             
          deductions attributable to an activity not engaged in for profit.           
          Section 183(d) provides a rebuttable presumption that an activity           
          will be an activity engaged in for profit if the gross income               
          from the activity exceeds the deductions attributable to the                
          activity for 3 or more of the taxable years in a 5-year period.             
          In the case of an activity which consists in major part of the              
          breeding, training, showing, or racing of horses, "2" is                    
          substituted for "3" and "7" for "5".  Generally, as to a "horse"            
          activity, if gross income exceeds the deductions for 2 of the 7             
          years, the activity is presumed to be conducted for profit during           
          the second profit year and all subsequent years during the same             
          7-year period.  See 1 Bittker & Lokken, Federal Taxation of                 
          Income, Estates and Gifts, par. 22.5.5, at 22-79 (3d ed. 1999).             
               Under section 183(e), a taxpayer may elect to postpone a               
          determination of whether the presumption applies until the close            
          of the fourth taxable year (or the sixth year for qualifying                
          horse activities) following the first taxable year in which the             
          taxpayer engages in the activity.  An electing taxpayer may file            
          returns in the interim on the assumption that the activity is               
          conducted for profit, and if, under section 183(e)(2), there are            
          3 or 2 profitable years in the applicable 5-year or 7-year                  
          period, the presumption applies to all 5 or 7 years, including              
          years preceding the profit years.  See id.                                  





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