- 7 - County and Maryland Casualty Co. Respondent determined that petitioner's horse activity did not constitute an activity engaged in for profit under section 183. Accordingly, respondent disallowed the losses claimed by petitioner. OPINION We must decide whether section 183 applies to petitioner's horseracing and horse-breeding activity. Respondent maintains that petitioner's lack of a profit objective precludes him from deducting the expenses attributable to that activity in excess of those which are allowed by section 183. In contrast, petitioner contends that he possessed the requisite profit objective during the years at issue and, therefore, section 183 is inapplicable. Accordingly, petitioner argues that the expenses attributable to his horse activity are fully deductible under section 162. We agree with petitioner. Section 183 allows only specified deductions unless an activity is engaged in for profit. 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 years under section 162 or under paragraphs (1) or (2) of section 212. Petitioner argues that he engaged in the horse activity with the requisite profit objective; respondent disagrees. An activity engaged in for profit is one in which the taxpayer has an actual and honest objective of making a profit. Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd. withoutPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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