Derwyn Joseph Booker - Page 8

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               Section 38 allows a credit for investment in certain                   
          depreciable property.  The amount of the credit is limited to a             
          percentage of a taxpayer’s qualified investment in section 38               
          property.  Sec. 46(a).  Qualified investment in new property is a           
          percentage of the property’s basis, generally its cost.  Secs.              
          46(c)(1), 1012.  The lessor of the property, here Century                   
          Concepts, may elect to pass through the credit to the lessee,               
          here petitioner, and the lessee generally is treated as having              
          acquired the property for its fair market value.  Sec. 48(d).               
               It is well settled that to constitute a trade or business,             
          the activity must be engaged in with an "actual and honest                  
          objective of making a profit."  Agro Science Co. v. Commissioner,           
          934 F.2d 573 (5th Cir. 1991), affg. T.C. Memo. 1989-687; Levy v.            
          Commissioner, 91 T.C. 838, 871 (1988); Drobny v. Commissioner, 86           
          T.C. 1326, 1340 (1986).  Absent an actual and honest profit                 
          objective, tax deductions relating to an investment are limited             
          under section 183 to the income generated from the activity.                
          Dreicer v. Commissioner, 78 T.C. 642, 644-646 (1982), affd.                 
          without opinion 702 F.2d 1205 (D.C. Cir. 1983).                             
               Although a reasonable expectation of profit is not required,           
          the taxpayer must have the objective of realizing a profit.                 
          Drobny v. Commissioner, supra at 1341; Engdahl v. Commissioner,             
          72 T.C. 659, 666 (1979).  In this context, profit means economic            
          profit, independent of tax savings.  Drobny v. Commissioner,                
          supra at 1341; Herrick v. Commissioner, 85 T.C. 237 (1985).                 




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