Derril O. Lamb, Jr. and Joyce Lamb - Page 8

                                                   -8-                                                    
            20 to 25 hours per week to the business during the summer months.                             
            Neil Lamb owned the remaining stock outstanding.  MLHC had gross                              
            receipts in 1990 and 1991 of $3,387,549 and $4,231,685,                                       
            respectively.  In 1990, Mr. Lamb had a nonpassive loss from MLHC                              
            in the amount of $3,132; in 1991, his share of the subchapter S                               
            profits was $34,396.                                                                          
            During 1990 and 1991, Mr. Lamb held a 50-percent interest in                                  
            the profits, losses, and capital of the D and N Partnership (D                                
            and N), in Brunswick, Maine.  D and N reported losses in 1990 and                             
            1991 of $8,554 and $2,957, respectively.  In addition, Mr. Lamb                               
            had a 50-percent interest during 1990 in the profits, losses, and                             
            capital of the GLS Partnership (GLS) in Brunswick, Maine.  GLS                                
            had income for the year of $60,655.                                                           

                                                OPINION                                                   

                  The primary issue for decision is whether Mr. Lamb’s tuna                               
            fishing activity was an activity that was “not engaged in for                                 
            profit” within the meaning of section 183(c).  Section 183(a)                                 
            provides generally that if an activity is not engaged in for                                  
            profit, no deduction attributable to such activity shall be                                   
            allowed, except as otherwise provided in section 183(b).3                                     

                  3Sec. 183(b)(1) permits a deduction for expenses that are                               
            otherwise deductible without regard to whether or not the                                     
            activity is engaged in for profit, such as interest and personal                              
            property taxes.  Sec. 183(b)(2) permits a deduction for expenses                              
            that would be deductible only if the activity were engaged in for                             
                                                                            (continued...)                




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