Derril O. Lamb, Jr. and Joyce Lamb - Page 9

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            Section 183(c) defines an activity not in engaged in for profit                               
            as “any activity other than one with respect to which deductions                              
            are allowable for the taxable year under section 162 or under                                 
            paragraph (1) or (2) of section 212.”                                                         
                  Deductions are allowed under section 162 for the ordinary                               
            and necessary expenses of carrying on an activity that                                        
            constitutes the taxpayer’s trade or business.  Deductions are                                 
            allowed under section 212 for expenses paid or incurred in                                    
            connection with an activity engaged in for the production or                                  
            collection of income, or for the management, conservation, or                                 
            maintenance of property held for the production of income.  With                              
            respect to either section, however, the taxpayer must demonstrate                             
            a profit objective for the activities in order to deduct                                      
            associated expenses.  Jasionowski v. Commissioner, 66 T.C. 312,                               
            320-322 (1976); sec. 1.183-2(a), Income Tax Regs.  The profit                                 
            standards applicable to section 212 are the same as those used in                             
            section 162.  See Agro Science Co. v. Commissioner, 934 F.2d 573,                             
            576 (5th Cir. 1991), affg. T.C. Memo. 1989-687; Antonides v.                                  
            Commissioner, 893 F.2d 656, 659 (4th Cir. 1990), affg. 91 T.C.                                
            686 (1988); Allen v. Commissioner, 72 T.C. 28, 33 (1979); Rand v.                             
            Commissioner, 34 T.C. 1146, 1149 (1960).                                                      



                  3(...continued)                                                                         
            profit, but only to the extent that the gross income derived from                             
            the activity exceeds the deductions allowed by sec. 183(b)(1).                                




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